OF  THE 

U  N  I  V  L  R_S  ITY 
OF  ILLINOIS 

■J52.0'TO 

336c. 

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I 


CHARTER 


OF 


THE  CITS 


CASS  COUNTY,  ILLINOIS. 


IN 

18^0* 


[Published  by  order  of  the  City  Council.] 


BEARDSTOWN  s 


PRINTED  AT  THE  “GAZETTE  OFFICE,'’ 


CHARTER  OF  THE  CITY  OF  BEARDS  TOWN, 


ARTICLE  I. 

1.  The  City  of  Beardstown  having  been  incorporated,  under  the  general 
law,  passed  February  10,  1849, possesses  ail  the  powers  authorized  under  the  laws, 
and  amendatory  acts  incorporating  either  of  the  cities  of  Springfield  or  Quincy. 

2.  The  boundaries  of  the  City  of  Beardstown,  are  the  same  that  constituted 
the  boundaries  of  the  Town  of  Beardstown, 

3.  The  boundaries  of  any  city  incorporated  under  the  General  Law,  may  in¬ 
clude  one  mile  square,  and  any  tract  of  land  adjoining,  laid  off  into  town  lots  and 
duly  recorded  as  required  by  law,  and  any  tract  of  land  adjoining  said  City  with 
the  consen:  of  the  owner  thereof,  within  the  limits  of  one  half  mile  from  the 
boundary  of  said  city. 

4.  The  inhabitants  of  said  city,  by  the  name  and  style  aforesaid,  shall  have 
power  to  sue  and  be  sued,  to  implead  and  be  impleaded,  defend  and  be  defended, 
in  all  courts  of  law  and  equity,  and  in  all  actions  whatever  :  to  purchase,  receive, 
and  hold  property,  real  and  personal,  beyond  the  city  for  burial  grounds,  or  for 
other  public  purposes,  for  the  use  of  the  inhabitants  of  said  city  ;  to  sell,  lease, 
convey,  or  dispose  of  property,  real  and  personal,  for  the  benefit  of  the  city  ;  and 
to  impi  ove  and  protect  such  property, and  to  do  vll  other  things  in  relation  thereto 
as  natural  persons. 


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ARTICLE  II. 

Or  the  Citt  Council, 

Sec.  1,  There  shall  be  a  city  council,  to  consist  of  a  Mayor  and  Board  of 
Aldermen. 

Si  c.  2.  The  Board  of  Aldermen  shall  consist  of  two  members  from  each  ward, 
to  be  chosen  by  the  qualified  voters  for  two  years. 

Sec.  3.  No  person  shall  be  an  Alderman,  unless  at  the  time  of  his  election  he 
shall  have  resided  six  months  within  the  limits  of  the  city,  and  shall  be  at  the  time 
of  his  election  twenty-one  years  of  age,  and  a  citizen  of  the  United  States, 


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Sec.  4.  If  any  alderman  shall  after  his  election  remove  from  the  ward  for  which 
he  is  elected,  or  cease  to  be  a  freeholder  in  said  city,  his  office  shall  be  thereby  va¬ 
cated. 

Sec.  5.  At  the  first  meeting  of  the  city  council,  the  aldermen  shall  be  divided 
by  lot  into  two  classes,  the  seats  of  those  of  the  first  class  be  vacated  at  the  expira¬ 
tion  of  the  first  year;  and  of  the  second  class,  at  the  expiration  of  the  second  year, 
so  that  one-half  of  the  board  shall  be  elected  annually. 

Sec.  6.  The  city  council  shall  judge  of  the  qualifications,  elections,  and  returns 
of  their  own  members,  and  shall  determine  all  contested  elections. 

Sec.  7.  A  majority  of  the  city  council  shall  constitute  a  quorum  to  do  business, 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members  under  such  penalties  as  may  be  prescribed  by  ordinance. 

Sec.  8.  The  city  council  shall  have  power  to  determine  the  rule  of  its  proceed¬ 
ings,  punish  its  members  for  disorderly  conduct,  and  with  the  concurrence  of  two 
thirds  of  the  members  elected  expel  a  member. 

Sec.  9.  The  city  council  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  and  the  yeas  and  nays,  when  demanded  by  any  mem¬ 
ber  present  shall  be  entered  on  the  journal. 

Sec.  10.  No  alderman  shall  be  appointed  to  any  office  under  the  authority  of 
the  city,  which  shall  have  been  created,  or  •  he  emoluments  of  which  shall  have 
been  increased  during  the  rime  for  which  he  shall  have  been  elected. 

Sec.  11.  All  vacancies  that  shall  occur  in  the  Board  of  Aldermen  shall  be  filled 
by  election. 

Sec.  12.  The  Mayor  and  each  Alderman,  before  entering  upon  the  duties  of 
their  office  shall  take  and  subscribe  an  oath  “that  they  will  support  the  Constitution 
of  the  United  States,  and  of  this  State,  and  that  they  will  well  and  truly  perform 
the  duties  of  their  office  to  the  best  of  their  skill  and  abilities. 

Sec.  13.  Whenever  there  shall  be  a  tie  in  the  election  of  Aldermen,  the  judges 
of  election  shall  certify  the  same  to  the  Mayor,  who  shall  determine  the  same  oy 
lot  in  such  manner  as  shall  be  provided  by  ordinance. 

Sec.  14.  There  shall  be  twelve  stated  meetings  of  the  city  council  in  each 
year,  at  such  times  and  places  as  may  be  prescribed  by  ordinance. 


ARTICLE  III. 


Of  the  chief  Executive  Officers. 

Sec.  1.  The  chief  Ex  cutive  officer  of  the  city  shall  be,  a  Mayor,  who  shall 
be  elected  by  the  qualified  voters  of  the  city,  and  shall  hold  his  office  for  one  year, 
and  until  his  successor  shall  be  elected  and  qualified. 

Sec.  2.  No  person  shall  be  eligible  to  the  office  of  Mayor,  who  shall  not  have 
been  a  resident  of  the  city  for  one  year  next  preceding  his  election  or  who  shall 


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be  under  twenty-one  years  of  age,  or  who  shall  not  at  the  time  of  his  election  be 
a  citizen  of  the  United  States. 

Sec  3.  If  any  Mayor  shall,  during  the  time  for  which  he  shall  have  been  elec¬ 
ted,  remove  from  the  city  his  office  shall  be  vacated. 

Sec.  4.  When  two  or  more  persons  shall  have  an  equal  number  of  votes  for 
May»r  the  judges  of  the  election  shall  certify  the  same  to  the  city  council  who 
shall  proceed  to  determine  the  same  by  lot,  in  such  manner  as  may  oe  provided  by 
ordinance. 

Sec.  5.  Whenever  an  Section  of  Mayor  shall  be  contested,  the  city  council 
shall  determine  the  same  in  such  manner  as  may  be  prescribed  by  ordinance. 

Sec.  6.  Whenever  any  vacancy  shall  happen  in  the  office  of  the  Mayor  it 
shall  be  filled  by  election. 


ARTICLE  IV. 


Or  Elections. 

Sec.  1.  On  the  third  Monday  of  February  of  each  year,  there  shall  be  an  elec¬ 
tion  held  for  one  Mayor  for  the  city  and  one  Alderman  for  each  ward. 

Sec.  2.  All  free  white  male  inhabitants,  over  the  age  of  twenty-one  years,  who 
are  entitled  to  vote  for  State  officers,  and  are  actual  residents  of  said  city  shall  be 
entitled  to  vote  for  city  officers  :  Provided,  that  said  voters  shall  give  their 
votes  for  Mayor  and  Aldermen  in  the  wards  in  which  they  respectfully  [ively]  re¬ 
side,  and  in  no  other,  and  that  no  vote  shall  be  received  at  any  of  said  elections  un¬ 
less  the  person  offering  such  vote  shall  have  been  an  actual  resident  of  the  ward 
where  the  same  is  offered,  at  kast  ten  days  next  preceding  such  election. 


ARTICLE  V. 

Or  the  Legislative  powers  of  the  City  Council, 

Sec.  1.  The  city  council  shall  have  powers  and  authority  to  levy  and  collect 
taxes  upon  all  property,  leal  and  personal,  within  the  limits  of  the  city,  not  ex¬ 
ceeding  one-half  per  cent,  per  annum  upon  the  assessed  value  thereof,  and  may  en¬ 
force  the  payment  of  the  same  in  any  manner  to  be  prescribed  by  ordinance  not 
repugnant  to  the  Constitution  of  the  United  States  and  of  this  State. 

Sec.  [2.]  The  city  council  shall  have  power  to  appoint  a  clerk,  treasurer,  asses* 
sor,  marshal,  supervisors  of  streets  and  all  such  other  officers  as  may  be  necessary. 

Sec.  3.  The  city  council  shall  have  power  to  require  of  all  officers  appointed 
as  aforesaid  to  take  an  oath  for  the  faithful  performance  of  the  duties  of  their  res¬ 
pective  offices  before  entering  upon  the  discharge  of  the  same.  To  establish, 
support,  and  regulate  common  schools,  to  borrow  money  on  the  credit  of  the  city; 
Provided,  That  no  sum  or  sums  of  money  shall  be  borrowed  at  a  greater  interest 
than  at  six  per  cent,  per  annum,  nor  shall  the  interest  on  the  aggregate  of  all  the 
sums  borrowed  and  outstanding  ever  exceed  one  half  of  the  city  revenue  arising 


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from  taxes,  assessed  on  real  property  within  the  limits  of  the  corporation. 

Sec.  4.  To  appropriate  money  and  provide  for  the  payment  of  the  debt  and 
expenses  of  the  city. 

Sec.  5.  To  make  regulations  to  prevent  the  introduction  of  contagious  diseases 
into  the  city,  to  make  quarantine  laws  for  that  purpose,  and  enforce  the  same 
within  five  miles  of  the  city. 

Sec.  6,  To  establish  hospitals,  and  make  regulations  for  the  government  of  the 
same. 

Sec.  7.  To  make  regulations  to  secure  the  general  health  of  the  inhabitants,  to 
declare  what  shall  be  a  nuisance,  and  to  prevent  and  remove  the  same. 

Sec.  8.  To  provide  the  city  with  water,  to  erect  hydrants  and  pumps  in  the 
streets  for  the  convenience  of  the  inhabitants,. 

Sec.  9.  To  open,  alter,  abolish,  widen,  extend,  establish,  grade,  pave  or  oth¬ 
erwise  improve  and  keep  in  repair  streets,  avenues,  lanes  and  alleys. 

Sec.  10.  To  establish,  erect,  and  keep  in  repa»r,  bridges. 

Sec.  11.  To  divide  the  city  into  wards,  alter  the  boundaries  thereof,  and  erect 
additional  wards,  as  the  occasion  may  require. 

Sec.  12.  To  provide  for  lighting  the  streets  and  erecting  lamp  posts. 

Sec.  13  To  establish,  support,  and  regHlate  night  watches. 

Sec.  14.  To  erect  market  houses,  establish  markets,  and  market  places,  and 
provide  for  the  government  and  regulation  thereof. 

Sec.  15.  To  provide  for  erection  of  all  needful  buildings  for  the  use  of  the 
city. 

Sec.  16.  To  improve  and  preserve  the  navigation  of  the  Illinois  river  within  the 
limits  of  the  city. 

Sec.  17.  To  erect,  repair  and  regulate  public  wharves  and  docks,  to  regulate  the 
erection  and  repair  of  private  wharves,  and  the  rates  of  wharfage  thereat. 

Sec.  18.  To  license,  lax  and  regulate  hackney  carriages,  wagons,  carts  and 
drays,  and  fix  the  rales  to  be  charged  for  the  carriage  of  persons  and  for  the  wag- 
onage  and  cartage  and  drayage  of  property. 

Sec.  19.  To  license  and  regulate  porters,  and  fix  the  rates  of  porterage. 

Sec.  20.  To  license,  tax  and  regulate  theatrical,  and  other  exhibitions,  shows, 
&nd  amusements. 

Sec.  21.  To  tax,  restrain,  prohibit,  and  suppress  tippling  houses,  dramshops, 
a£d  gaming  houses,  and  bawdy  and  other  disorderly  houses. 

Sec0  22.  lo  provide  for  the  prevention  and  extinguishment  of  fires,  and  to  or¬ 
ganize  and  establish  fire  companies. 

Sec.  23.  To  regulate  or  prohibit  the  erection  of  wooden  buildings  in  any  part 

of  the  city. 


s 


Sec.  24,  To  rebate  the  fixing  of  chimneys,  fix  the  fees  [flues}  therefor 

[thereof,]  and  stove  pipes. 

Sec.  25.  To  regulate  the  storage  of  gunpowder,  tar,  pitch,  rosin,  and  other 
combustible  materials. 

Sec.  26.  To  regulate  and  order  parapet  walls  and  partition  fences. 

Sec.  27.  To  establish  standard  weights  and  measures,  and  regulate  the  weights 
and  measures  to  be  used  in  the  city,  m  all  cases  not  otherwise  provided  for  by 
law. 

Sec.  28.  To  provide  for  the  inspection  and  measuring  of  lumber  and  other 
building  materials,  and  for  the  measurement  of  all  kinds  of  mechanical  worlg. 

29.  29.  To  provide  for  the  inspection  and  weighing  of  hay  and  stone-coal,  the 
measuring  of  charcoal,  firewood  and  other  fuel  to  be  sold  or  used  within  the  city. 

Sec,  30.  To  provide  for  and  regulate  the  inspection  of  tobacco,  and  of  beef, 
pork,  flour,  meal,  and  whiskey  in  barrels. 

Sec.  31.  To  regulate  the  inspection  of  butter,  lard,  and  other  provisions. 

Sec.  32.  To  regulate  the  weight,  quality  and  price  of  bread  to  be  sold  and 
used  in  the  city. 

I 

Sec.  33.  To  regulate  the  size  of  bricks  to  be  sold  or  used  in  the  city. 

Sec.  34.  To  provide  for  the  taking  enumerations  of  the  inhabitants  of  the 
city. 

Sec.  35.  To  regulate  the  election  of  city  officers  and  provide  for  removing 
from  office  any  person  holding  an  office  created  by  ordinance. 

Sec.  36.  To  fix  the  compensation  of  all  city  officers,  and  regulate  the  fees  of 
of  jurors,  witnesses  and  others,  for  services  rendered  under  this  act,  or  any  ordi¬ 
nance. 

Sec.  37.  To  regulate  the  police  of  the  city  5  to  impose  fines  and  forfeitures  and 
penalties  for  the  breach  of  any  ordinance,  and  provide  for  the  recovery  and  appro¬ 
priation  of  such  fines  and  forfeitures,  and  the  enforcement  of  such  penalties. 

Sec.  38.  The  city  council  shall  have  power  to  make  all  ordinances  which  shall 
be  necessary  and  proper  for  carrying  into  execution  the  powers  specified  in  this 
act  so  that  such  ordinance  be  not  repugnant  to  nor  inconsistent  with  the  constitu¬ 
tion  of  the  United  States  or  of  this  State. 

Sec.  39.  The  style  of  the  ordinances  of  the  city  shall  be,  “Be  it  ordained  by 
the  city  council  of  the  city  of  Beardstown.55 

Sec.  40.  All  ordinances  passed  by  the  city  council,  shall,  within  cne  month 
after  they  shall  have  been  passed.be  published  in  some  newspaper  published  in  the 
city,  and  shall  not  be  in  force  until  they  shall  have  been  published  as  aforesaid. 

Sec.  41.  All  ordinances  of  the  city  mny  be  proven  by  the  seal  of  the  corpora¬ 
tion,  and  when  printed  and  published  in  book  or  pamphlet  form  and  purporting  to 
be  published  by  authority'’  ot  the  corporation,  the  same  shall  be  received  in  evi¬ 
dence  in  all  courts  and  places  without  further  proof. 

Sec.  42.  The  city  council  shall  have  powers  by  ordinance,  to  lei'y  and  collect 
a  special  tax  on  the  owner  or  owners  of  lots  on  any  street,  lane,  avenue  or  alley, 


9 


■within  said  city,  for  the  purpose  of  grading  and  paving  the  side-walks  in  front 
of  their  respective  lots  and  keeping  the  said  side-walks  in  repair,  and  for  the  pur¬ 
pose  of  lighting  such  street,  lane,  avenue  or  alley. 

Sec.  43.  The  city  council  of  said  city  shall  have  powers  to  provide  for  en¬ 
closing,  improving,  and  regulating  all  public  grounds  within  the  city,  and  for  the 
punishment  of  injuries  or  damage  done  to  trees,  buildings  or  other  improvements 

thereon. 

Sec.  44.  The  city  council  shall  have  powers  to  license,  tax  and  regulate  auc¬ 
tioneers,  merchants  and  retailers,  groceries, taverns,  ordinaries,  and  all  places  where 
fermented  liquors  are  sold,  and  the  vendors  of  the  same,  hawkers, pedlars,  brokers, 
pawnbrokers,  and  money  changers. 

Sec.  45.  The  city  council  shall  have  exclusive  powers,  within  the  city,  by  ordi¬ 
nance  to  license,  regulate  and  restrain  the  keeping  of  ferries  and  to  suppress  and 
restrain  billiard  tables  and  the  sale  of  lottery  tickets. 

Sec.  46.  The  city  council  shall  have  powers  to  open,  widen,  or  alter  a  street, 
lane,  avenue  or  alley,  only  when  the  same  shall  be  petitioned  for  by  the  owners 
of  the  major  part  of  the  part  of  all  the  property  in  the  block  and  on  the  street, 
lane,  avenue  or  alley  proposed  to  be  opened,  widened  or  altered. 

Sec.  47.  The  city  Marshal  shall  by  virtue  of  his  office,  be  constable,  withpow- 
ers  to  serve  process  and  do  all  acts  that  constables  may  lawfully  do,  and  shall  re¬ 
ceive  the  same  fees  as  are  allowed  to  other  constables  by  law ;  and  the  Marshal 
shall  be  elected  by  the  voters  resident  within  the  incorporated  limits  of  the  city, 
who  are  qualified  to  vote  for  Mayor  of  said  city,  at  the  same  time  and  in  the  same 
manner  that  the  mayor  is  elected  ;  and  he  shall  hold  his  office  for  the  same  length 
of  time  said  Mayor  holds  his  office;  and  shall  before  entering  upon  the  discharge 
of  the  duties  of  his  office,  execute  a  bond  as  constable,  and  file  it  in  the  office 
of  the  Clerk  of  the  Count}'  Court,  in  like  manner  as  other  constables  are  requir¬ 
ed  to  do  by  lav/,  and  take  the  same  oath,  as  other  constables  are  required  by  lew 
to  take. 

Sec.  48.  Tne  city  council  shall  have  powers  to  provide  by  ordinance,  that  every 
person  against  whom  any  judgment  may  hereafter  be  recovered,  in  favor  of  said 
city  for  a  penalty  or  fine  for  a  breach  of  any  ordinance,  instead  of  being  commited 
to  jail  may  be  required  to  labor  on  the  streets  until  the  whole  fine  and  costs  shall 
be  paid,  at  the  same  rate  per  day  as  may  be  allowed  as  a  forfeiture  for  a  failure  to 
perform  street  labor  under  the  direction  of  the  street  supervisor. 

Sec.  49.  The  city  council  may  have  powers  to  declare  what  shall  be  a  nuis¬ 
ance  and  to  prevent  and  remove  the  same  as  much  as  one  half  mile  beyond  the 
limits  of  the  Corporation,  with  full  powers  to  impose  a  fine  for  a  violation  of  any 
ordinance  to  that  effect. 

Sec.  50.  Whenever  it  may  be  necessary  to  pave  or  grade  any  street  or  front 
lot,  or  to  fill  up  or  alter  any  lot  that  may  be  declared  to  be  a  nuisance,  the  city 
council  may  have  powers,  upon  the  failure  of  the  owners  of  any  lot  to  pave,  grade, 
or  fill  up  said  lot,  or  to  pay  the  taxes  or  fine  that  may  be  assessed  on  the  owner  or 
owners  thereof,  to  require  that  said  lot,  or  so  much  theieof  as  may  be  necessary, 
shall  be  sold  for  the  payment  of  the  tax  or  fine  or  costs,  in  the  manner  author¬ 
ized  for  the  collection  of  other  taxes,  and  all  assessments  so  made,  shall  constitute 
a  lien  on  said  lot. 

Sec.  51  The  city,  in  the  corporate  name,  may 'purchase,  receive,  and*  hold 
real  estate  beyond  their  corporate  limits,  for  the  purpose  of  burying  grounds. 


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Sec.  52.  Whenever  the  city  authorities  may  wish  to  have  the  faxes,  authori¬ 
zed  to  be  levied  under  and  by  virtue  of  the  law,  collected  by  the  County  Collector , 
upon  filing  a  certificate  of  the  rate  authorized  under  the  authority  of  the  Corpora¬ 
tion,  in  the  office  of  the  Clerk  of  the  County  Court,  it  shall  be  the  duty  of  the 
Collector  of  taxes  for  the  State  and  County  to  collect  the  taxes  for  said  city,  upon 
the  assessment  of  the  value  of  all  the  property  within  the  limits  of  said  corpora¬ 
tion,  as  ascertained  by  the  assessment  for  State  and  County  purposes,  and  enforce 
the  payment  thereof,  in  the  same  manner,  and  with  all  the  rights,  power  and  au¬ 
thority  as  he  has  to  collect  State  and  County  taxes,  and  shall  pay  the  same  over  to 
the  order  of  the  corporate  authorities  at  the  same  time  he  is  required  to  pay  over 
theCounty  Revenue.  And  theCourt  of  the  proper  county,  shall  render  judgment  and 
order  sale  of  any  lot  or  tract  for  tire  non-payment  of  the  tax  and  costs  due  said  city,; 
or  as  may  be  provided  for  State  andCounty  taxes  :  and  judgment  and  sale  shall  be  ren¬ 
dered  for  the  aggregate  amount  due  for  County  and  State  &  City  taxes.  The  same 
compensation  shall  be  paid  for  collecting  as  is  paid  for  collecting  State  and  County 
taxes,  to  be  paid  by  the  City,  and  the  Collector  shall  be  liable  on  his  bond  for 
taxes  collected. 

Sec.  53.  The  city  shall  not  be  exempt  from  the  payment  of  a  county  tax  nor 
be  required  to  support  the  paupers. 

ARTICLE  VI. 

Of  the  Mayor. 

Sec.  1.  The  Mayor  shall  preside  at  all  meetings  of  the  city  council,  and 
shall  have  a  casting  vote  and  no  other  :  in  case  of  non-attendance  of  the  Mayor 
at  any  meeting,  the  Board  of  Aldermen  shall  appoint  one  of  their  own  members 
chairman  who  shall  preside  at  that  meeting. 

Sec.  2.  The  Mayor  or  any  two  aldermen  may  call  special  meetings  of  the 
city  council. 

Sec.  3.  The  Mayor  shall  at  all  times  be  active  and  vigilant  in  enforcing  the 
laws  and  ordinances  for  the  government  of  the  city  ;  he  shall  inspect  the  conduct 
of  all  subordinate  officers  oi  said  city,  and  cause  negligence  and  positive  violation 
of  duty  to  be  prosecuted  and  punished;  he  shall  from  time  to  time  communicate 
to  the  aldermen  such  information,  and  recommend  all  such  measures,  as  in  his  opin¬ 
ion  may  tend  to  the  improvement  of  the  finance,  the  police,  the  health,  security, 
comfort  and  ornament  of  the  city. 

Sec.  4.  He  is  herebyauthorized  to  call  on  every  male  inhabitant  of  said  city  over  the 
age  cf  eighteen  years,  to  aid  in  enforcing  the  laws  and  ordinances  :  and  in  case  of 
riot  to  call  out  the  militia  to  aid  him  in  suppressing  the  same,  or  in  carrying  into 
effect  any  law  or  ordinances,  and  any  person  who  shall  not  obey  such  call  shall 
forfeit  to  the  said  city  a  fine  not  exceeding  five  dollars. 

Sec.  5.  He  shall  have  power  whenever  he  may  deem  it  necessary,  to  require  of 
any  of  the  officers  of  the  said  city  an  exhibit  of  his  books  and  papers. 

Sec.  6.  He  shall  have  power  to  execute  all  acts  that  may  be  required  of  him 
by  any  ordinance  made  in  pursuance  of  this  act. 

Sec.  7.  He  shall  be  commissioned  by  the  Governor  as  a  justice  of  the  peace  for 
said  city,  and  as  such  shall  be  a  conservator  of  the  peace  in  the  said  city,  and  shall 
have  power  and  authority  to  administer  oaths,  issue  writs  and  processes  under  the 
seal  of  the  city.  To  take  depositions,  the  acknowledgement  of  deeds,  mortgages, 
and  all  other  instruments  of  writing,  and  certify  the  same  under  the  seal  of  the  city 
which  shall  be  good  and  valid  in  law. 

Sec.  8.  He  shall  have  exclusive  jurisdiction  in  all  cases  arising  under-  the  or¬ 
dinances  of  the  corporation,  and  concurrent  jurisdiction  writh  all  other  justices 
of  the  peace  in  all  civil  and  criminal  cases  within  the  limits  of  the  city  arising 
under  the  laws  of  the  State,  and  shall  receive  the  same  fees  and  compensation 
for  his  services  in  similar  cases, 


11 


Sec.  9.  He  shall  also  have  such  jurisdiction  as  may  be  vested  in  him  by  ordi¬ 
nance  of  the  city  in  and  over  all  places  within  five  miles  of  the  boundaries  of  the 
city  for  the  purpose  of  enforcing  the  health  and  quarantine  ordinances  aDd  regula¬ 
tions  thereof,  and 

Sec.  10.  He  shall  receive  for  his  services  such  salary  as  shall  be  fixed  by  an 
ordinance  of  the  city. 

Sec.  11.  In  case  the  Mayor  shall  at  any  time  be  guilty  of  a  palpable  omission 
of  duty,  or  shall  wilfully  and  corruptly  be  guilty  of  oppression,  malconduct  or 
partiality  in  the  discharge  of  the  duties  of  his  office,  he  shall  be  liable  to  be  in¬ 
dicted  in  the  Circuit  Court  of  Cass  county,  and  on  conviction  he  shall  be  fined  not 
more  than  two  hundred  dollars,  and  the  court  shall  have  power  on  the  recommen¬ 
dation  of  the  jury  to  add  to  the  judgement  of  the  court  that  he  be  removed  from 
office. 


ARTICLE  VII. 


Proceedings  in  Special  Cases. 

r 

Sec.  1,  When  it  shall  be  necessary  to  take  private  property  for  opening 
widening  or  altering  any  public  street,  lane,  avenue,  or  alley,  the  corporation  shall 
make  a  just  compensation  therefor  to  the  person  whose  property  is  so  taken,  and 
if  the  amount  of  such  compensation  cannot  be  agreed  on,  the  Mayor  shall  cause 
the  same  to  be  ascertained  by  a  jury  of  six  disinterested  free  holders  of  the 
city. 

Sec.  2.  Where  the  owners  of  all  the  property  on  a  street,  lane,  avenue,  or 
alley,  proposed  to  be  opened,  widened  or  altered,  shall  petition  therefor,  the  city 
council  may  open,  widen,  or  alter  such  street,  lane,  avenue,  or  alley,  upon  condi¬ 
tion  to  be  prescribed  by  ordinance,  but  no  compensation  shall  in  such  case  be  made 
to  those  whose  property  shall  be  taken  for  the  opening,  widening  or  altering  such 
street,  lane,  avenue,  or  alley,  nor  shall  there  be  any  assessment  of  benefits  or  dama¬ 
ges  that  may  accrue  thereby  to  any  of  the  petitioners. 

Sec.  3.  All  jurors  empannelled  to  enquire  into  the  amount  of  benefits  or  dam¬ 
ages  which  shall  happen  to  the  owners  of  property  proposed  to  be  taken  for  open¬ 
ing;,  widening,  or  altering  any  street,  lane,  or  alley,  shall  first  be  sworn  to  that 
effect,  and  shall  return  to  the  Mayor  their  inquest  in  writing,  and  signed  by  [each) 
juror. 

Sec.  4.  In  ascertaining  the  amount  of  compensation  for  property  taken  for 
opening,  or  widening,  or  altering  any  street,  lane,  avenue,  or  alley,  the  jury  shall 
take  into  consideration  the  benefit  as  well  as  the  injury  happening  by  sucn  open¬ 
ing,  widening,  or  altering  such  street,  lane,  avenue,  or  alley. 

Sec.  5.  The  Mayor  shall  have  power  for  good  causes  shown  within  ten  days 
after  any  inquest;  shall  have  been  returned  to  him  as  aforesaid,  to  set  the  same  aside 
and  cause  a  new  inquest  to  be  made. 

Sec,  6.  The  city  council  shall  have  power  by  ordinance  to  levy  and  collect  a 
special  tax  on  the  holders  of  the  lots  in  any  street,  lane,  avenue,  or  alley,  or  part 
of  any  street,  lane,  avenue,  or  alley,  according  to  their  respective  fronts  owned  by 
them  for  the  purpose  of  paving  and  grading  the  side-walks,  and  lighting  sucn 
streets,  lane,  avenue  or  alley, 


u-  OF  ILL  UB, 


ARTICLE  VIII. 


Miscellaneous  Provisions. 


Sec.  1.  The  inhabitants  of  the  city  of  Beardstown,  are  hereby  exempted  from 
working  on  any  road  beyond  the  limits  of  the  city,  and  from  paying  any  tax  to 
procure  laborers  to  work  upon  the  same. 

Sec.  2.  The  city  council  shall  have  power  for  the  purpose  of  keeping  the 
streets,  lanes,  avenues  and  alleys  in  repair  to  require  every  male  inhabitant  in  said 
city  over  twenty-one  years  of  age  to  labor  on  said  streets,  lanes,  avenues  and 
alleys  not  exceeding  three  days  in  each  and  every  year;  and  any  person  failing  to 
perform  such  labor  when  duly  notified  by  the  supervisor  shall  forfeit  and  pay  the 
sum  of  one  dollar  per  day  for  each  day  so  neglected  or  refused. 

Sec,  3.  The  city  council  shall  have  power  to  provide  for  the  punishment  of 
offenders  by  imprisonment  in  the  county  or  city  jail  in  all  cases  where  such  offen¬ 
ders  shall  fail  or  refuse  to  pay  the  fines  and  forfeitures  which  may  be  recovered 
against  them. 

Sec.  4.  The  city  council  shall  cause  to  be  published  annually,  a  full  and 
complete  statement  of  all  moneys  received  and  expended  by  the  corporation  dur¬ 
ing  the  preceding  year,  and  on  what  account  received  and  expended. 

Sec.  5.  Appeals  shall  be  allowed  from  decisions  in  all  cases  arising  under  the 
provisions  of  this  act  or  any  ordinance  passed  in  pursuance  thereof,  t©  the  Circuit 
Court  of  Cass  county,  and  every  such  appeal  shall  be  taken  and  granted  in  the  same 
manner  and  with  like  effect  as  appeals  are  taken  from  and  granted  by  justices  of 
the  peace  to  the  Circuit  Court,  under  the  law  of  this  State. 

Sec.  6.  Whenever  the  Majror  shall  absent  himself  from  the  city,  or  shall  re¬ 
sign,  or  die,  or  his  office  shall  be  otherwise  vacated,  the  Board  of  Aldermen  shall 
immediately  proceed  to  elett  one  of  their  number  president,  who  shall  be  Mayor 

PRO.  T£M. 

Sec.  7.  Tliis  act  is  hereby  declared  to  be  a  public  act,  and  may  be  read  in  evi¬ 
dence  in  all  courts  of  law  and  equity,  in  this  State,  without  proof. 

Sec.  8.  All  acts  or  parts  of  acts  coming  within  the  provisions  of  this  charter, 
or  contrary  tof  ©r  inconsistent  with  its  provisions,  are  hereby  repealed. 


INDEX  TO  CHARTED, 


-  ART.  I. 

Sec,  1,  Organization,  powers  equal  to  Charter  of  Springfield  and  Quincy 
u  2. — Boundaries  of  City. 

<e  3. — Additions. 

11  4. — Powers — May  hold  real  and  personal  property. 

ART.  II. 


Sec,  1. — City  Council. 

f<  2, — Board  of  Aldermen,  two  from  each  ward. 

“  3. — Qualifications  of  Aldermen. 

ec  4. — When  office  of  Aldermen  to  be  made  vacant. 

“  5. — Division  of  Aldermen  by  lot. 

%c  6. — Elections,  returns  of,  and  contested. 
t(  7. — Quorum, 

“  8. — Rules  of  proceeding.  Expulsion  of  members. 

{*  9. — Journal  of  city  council  to  be  published. 

“  10. — Alderman  can  hold  no  office  in  city*,  created  while  in  office. 

“  11. — Vacancies,  how  filled. 

<e  12. — Major  and  Aldermen  to  take  oath. 

“  13. — Mayor  to  determine  election  in  case  of  tie. 
t(  14.  Twelve  stated  meetings,  yearly. 

ART.  III. 

Sec.  1. — Executive  Officers.  Term  of  Office, 

((  2 — Qualifications  for  Mayor. 

h  3 — When  Office  of  Mayor  to  be  vacated. 

tc  4 — In  case  of  tie  for  Mayor,  council  to  decide  by  lot, 

<(  5 — Contested  election  of  Mayor. 

11  6— Vacancy  in  office  of  Mayor,  how  filled. 

ART.  IV. 

Sec.  1 — Time  of  holding  Elections— No.  of  Aldermen  to  each  Ward. 

(k  2 — Resident  inhabitants  may  vote  for  city  officers.  Proviso.  Votes  in 
different  Wards. 


ART.  V. 

Sec.  1. — Assessment  and  collection  of  taxes. 

“  2 — Officers  of  city. 

u  3 — To  give  bonds  and  security,  and  take  oath.  Com.  Schools  May  bor¬ 
row  mouey.  Proviso, 


14 


a 

a 

{( 


4 — Expenses  of  city,  how  paid. 

fc— Quarantine  laws,  to  extend  five  canes. 

6 _ Establishment  of  hospitals.  Health  oi  city, 


Removal  of  nuisances. 


8 — Water  works, 
a  c — Alteration  of  Streets, 

10 — Bridges. 

<t  21 — Boundaries  ofWard9. 
a  12 — Lighting  city. 

«  1 3-- Night  watch. 

«  i4 — Regulation  of  markets. 
c  is — City  Buildings. 

«  16 — Improvement  of  Illinois  River, 

17 — Wharves  and  docks, 

“  18— Rates  of  Dray  age  and  porterage,  „  ,, 

a  1 9 — To  license  and  regulate  salaries  of  Porters. 

«  20 — License  to  Shows,  ~  .. 

a  21 — May  suppress  disorderly  houses, 

22—  Fire  Companies,  .  ,  ^  w 

23 —  Wooden  Buildings, 

«  24 — Chimneys  and  Stovepipes, 

“  25 — Gunpowder, 

«  26— Parapet  Walls  and  Fences, 

,<  27— Weights  and  measures, 

.<  28 — Inspection  of  lumber  and  measurement  of  work, 

«  2*9— Weight  of  hay  and  coal. 
a  30— Inspection  of  tobacco,  beef,  pork,  flour,  &c, 

«  31— Of  Provisions, 

«  32— Weight  of  bread, 

«  33— Size  of  brick, 

»<  34—  Census. 

«  35 — To  regulate  elections  and  remove  officers. 

«  36— Pay  of  oflics^  jurors  &  witnesses, 

«  37— Police  of  city, 

<c  38— To  make  all  ordinances  necessary, 

“  39 — Style  of  ordinances, 

a  40— Ordinances  not  to  take  effect  until  published, 
u  4i — Published  ordinances  to  be  read  in  eviuence, 

«  42 — Special  tax— how  levied, 
a  43-«-Public  grounds  to  be  improved. 
a  44— Auctions,  groceries,  pedlars  taxed  and  licensed, 
u  45 — To  regulate  ferries,  restrain  billiard  tables  and  lotteries, 
u  46— To  open  streets  and  alleys. 

u  47— Powers  of  Marshal,  shall  file  bond  and  act  as  Constable, 
i.  48— To  provide  for  the  recovery  of  judgments, 
a  49-— Nuisances  what  shall  be— -removing  the  same, 

*<  50— Grading  and  paving  streets, 

ti  51— To  purchase  and  hold  real  estate  for  burying  ground, 

“  52— Taxes  to  be  levied  and  collected  according  to  the  General  laws  of  the 
State. 

((  53— To  pay  county  tax— not  to  keep  paupers. 


ART.  VI. 

Sec.  1 — Mayor  to  have  casting  vote, Mayor  pro  (em, 

“  2 — Special  meetings,  how  called, 

tt  3 — Duties  of  Mayor,  to  give  information  of  state,  of  finances. 

4 —  To  suppress  riots, 

“  5— Officers  to  exhibit  books  and  papers, 

5 —  Mayor  to  execute  acts  required  of  him, 

*  7— Mayor  to  be  commissioned  by  Governor  as  justice  peace,  Powers  of 
Mayer, 


15 


K 


it 

ft 


8— Exclusive  jurisdiction  of  Major,  and  his  lees, 

9 _ Jurisdiction  to  enforce  quarantine  laws, 

Ill--H«amayf  indicted  in  Circuit  court,  Cass  co.  for  violation  of  duty, 
and  fined,  and  may  b&  removed  from  office. 


ART.  VII. 


«EC  i. _ When  private  property  is  taken  for  public  use,  to  be  paid, 

**  tt  2--- Petitions  to  open  or  widen  streets. 
tt  3 — Jurors  to  assess  damages,  must  be  sworn. 
a  4— Rule  for  assessment  ot  damages. 
a  5 — Decision  of  jury  may  he  set  aside. 
tt  6— Special  tax  to  grade  streets  and  light  the  same. 


ART.  VIII. 


Sec  1  —Inhabitants  shall  not  work  county  roads  or  pay  county  taxes. 
.<*  2—  City  streets  to  be  worked  by  male  inhabitants. 
a  3 _ Fine  for  refusal  to  labor, 

«  4— Punishment  of  offenders.  ...  .  . 

«  5...  Annual  statement  of  receipts  and  expenditures  to  be  published,,. 
a  6 — Appeals  allow'ed  to  circuit  courts, 

«  7 — Election  of  Mayor  pro  tem. 
tt  8 — Act  declared  public, 
u  9— Acts  repealed. 


ERRATTA. 

ICr^In  Article  5th  Section  second,  the  word  ‘Marshal,’  should  be  omitted. 

Also,  in  Section  third,  it  should  read  as  follows: — “The  city  council  shall  have 
power  to  require  of  all  officers  appointea  in  pursuance  of  this  charter,  bonds  with 
penalty  and  security  for  the  faithful  performance  of  their  respective  duties,  as  may 
be  deemed  expedient,  and  also  to  require  all  officers  appointed  as  aforesaid,  to  take 
an  oath  for  the  faithful  performance  of  the  duties  of  their  respective  offices  before 
entering  upon  the  discharge  of  the  same.  To  establish,  support,  and  regulate  goeo- 
mon  schools,  to  borrow  money  on  the  credit  of  the  city;  Provided,  That  no  sum 
or  sums  of  money  shall  be  borrowed  at  a  greater  interest  than  at  six  per  cent,  per 
annum,  nor  shall  the  interest  on  the  aggregate  of  all  the  sums  borrowed  and  out¬ 
standing  ever  exceed  one  half  of  the  city  revenue  arising  from  taxes,  assessed  on 
real  property  within  the  limits  of  the  corporation.” 


I 


1 


,  .... 


•  •  •  , 


.  :  :  ( 


i 

.1 ... 


' 

:  .V'.  ' 


■ 


17 


CITY  ORDINANCE-NO  I. 

Be  it  ordained  by  the  City  Council  of  the  city  of  Beards- 
town,  that  all  ordinances  and  resolutions  heretofore  passed 
by  the  President  and  Trustees  of  the  town  of  Beardstown, 
shall  remain  in  force  until  the  same  shall  have  been  repeal¬ 
ed  by  the  City  Council,- — and  be  it  further  ordained,  That 
all  actions,  fines,  penalties  and  forfeitures  which  have  accru¬ 
ed  to  the  President  and  Trustees  of  the  town  of  Beards¬ 
town,  shall  be  vested  in,  and  prosecuted  by  the  City  Coun¬ 
cil. 

This  ordinance  to  be  in  force  from  and  after  publication. 

Approved,  April  5,  1850. 

J-  A.  ARENZ,  Mayor. 

S.  Emmons ,  Clerk. 

ORDINANCE, -NO.  II. 

TO  REGULATE  THE  POLICE  OF  THE  CITY  OF  BEARDS- 
TOWN  AND  FOR  OTHER  PURPOSES. 


Sec.  1. — Gaming  houses  prohibited — penalty, 

Sec.  2, — Persons  prohibited  from  permitting  other  persons  to  come  together  to  play 
for  money,  &c. — penalty. 

Sec.  3.  Hallowing,  shouting,  &c.,  prohibited  in  any  house,  and  penalty  for  permit¬ 
ting  the  same. 

Sec.  4.  Persons  hallowing,  shouting,  &c.  punished. 

Sec.  5.  Discharge  of  fire  arms,  &c.  prohibited;  penalty. 

Sec.  6.  Making  and  kindling  of  fires  prohibited — penalty. 

Sec.  7.  Indecent  exhibitions  and  immoderate  riding  and  driving,  prohibited — pen¬ 
alty. 

Sec.  8.  Horses  or  vehicles  of  any  kind  not  permitted  upon  the  sidewalks — penalty. 

Sec.  9.  Waggons, carriages,  &c.  not  to  be  placed  so  as  to  obstruct  streets  or  alleys 
penalty. 

Sec.  10.  Horses  or  other  animals  not  to  be  left  unhitched  in  the  streets — penalty. 

Sec.  11.  Injuries  to  any  public  property  prohibited — penalty. 

Sec.  12.  Horses  or  other  animals  not  to  be  fastened  to  shade  trees,  &c.  penalty. 


Section  1 — Be  it  ordained  by  flhe  City  Council  of  the  city  of  Beardstown,  That 
no  person  shall  by  himself,  herself,  servant  or  agent,  for  his  or  her  gain  or 
profit,  keep,  have,  exercise  or  maintain  a  common  gaming  house,  table,  room  or 
place  whatsoever,  within  the  limits  of  said  city;  and  every  person  so  offending  shall 
forfeit  and  pay  for  the  use  of  said  city,  the  sum  of  fifty  dollars  for  each  and  every 
offence. 

Sec.  2.  Be  it  further  ordained,  That  no  person,  in  any  house  or  place  occupied 
by  him  or  her,  within  the  limits  of  said  city,  shall  procure  or  permit  any  persons 


is 

to  frequent  or  come  together,  at  any  time,  to  play  for  money  or  other  valuable 
thing  at  any  game ;  and  every  person  so  offending  shall  forfeit  and  pay,  for  the  use 
of  the  said  city,  the  sum  of  twenty-five  dollars  for  each  and  every  offence. 

Sec.  3.  Be  it  further  ordained,  That  no  person  shall  suffer  hallowing,  shout¬ 
ing,  bawling,  screaming,  profane  or  obscene  language,  fighting,  whooping,  or  quar¬ 
reling,  or  any  other  unusual  noises  or  sounds,  in  his  or  her  house  in  such  man¬ 
ner  as  to  disturb  the  neighborhood,  or  those  passing  through  the  streets;  and  every 
person  so  offending  shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than 
two  dollars, nor  more  than  five  dollars  for  the  first  offence,  and  for  every  subse¬ 
quent  offence,  not  less  than  five  dollars,  nor  more  than  ten  dollars;  and  if  the  person, 
so  offending,  be  the  keeper  of  a  house  licensed  by  said  city,  such  person  shall, upon 
a  third  conviction,  incur  a  forfeiture  of  his  license. 

Sec.  4.  Be  it  further  ordained,  That  no  person  shall  halloo, shout,  bawl,  scream, 
use  profane  or  obscene  language,  whoop,  quarrel,  or  make  any  unusual  noise  or 
sound,  in  any  house,  or  in  any  part  of  said  city,  in  such  manner  as  to  disturb  the 
good  people  of  the  neighborhood,  or  those  passing  through  the  streets  ;  and  every 
person  so  offending  shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than 
two  dollars,  nor  more  than  five  dollars  for  the  first  offence,  and  for  every  subse¬ 
quent  offence,  not  less  than  five  dollars,  nor  more  than  ten  dollars. 

Sec.  5.  Be  it  further  ordained,  That  no  person  shall,  within  the  limits  of  said 
city,  fire  or  discharge  any  cannon,  musket,  rifle,  fowling-piece,  or  other  fire  arms, 
or  air  gun,  except  in  cases  of  necessity,  or  in  the  performance  of  a  public  or 
lawful  act  of  duty,  or  discharge  or  set  off  any  cracker,  rocket,  torpedo,  squib,  or 
other  fire  worksA  within  the  limits  of  said  city,  without  permission  first  obtained 
from  the  Mayor,  or  one  of  the  Aldermen,  or  Marshal  of  said  city  ;  and  every  per¬ 
son  so  offending  shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than  ona 
dollar,  nor  more  than  three  dollars,  for  every  such  offence. 

Sec.  6.  Be  it  further  ordained,  That  no  person  shall  in  any  of  the  streets,  or 
alleys  of  said  city,  or  upon  the  public  square  therein,  make  or  kindle  any  fire,  with¬ 
out  first  having  obtained  permission  as  provided  in  the  preceedingsection;  and  every 
person  so  offending  shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than 
one  dollar,  nor  more  than  ten  dollars  for  every  such  offence. 

Sec.  7.  Be  it  further  ordained,  That  no  person  shall  make  or  cause  to  be  made, 
within  the  limits  of  said  city,  any  indecent  exhibition  of  himself,  or  of  any  horse 
or  other  animal ;  or  shall,  within  said  limits,  immoderately  ride  or  drive,  or 
cause  to  be  rode  or  driven,  any  horse  or  other  animal ;  and  every  person  so  offend¬ 
ing  shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than  five  dollars,  nor  more 
than  ten  dollars,  for  every  such  offence. 

Sec.  8.  Be  it  further  ordained,  That  no  person  shall  be  permitted  to  place  any 
horse  or  other  beast  of  burthen,  or  vehicle  of  any  kind,  upon  any  side  walk  in  said 
city ;  or  to  ride  or  drive  thereon;  or  to  propel,  haul  or  carry  thereon,  any  wheel-bar¬ 
row,  hand-cart,  or  other  article  used  for  carrying  any  heavy  burthen  ;  and  any  per¬ 
ron  so  offending  shall  forfeit  and  pay,  for  the  use  of  said  city,  the  sum  of  five  dol¬ 
lars  for  every  such  offence. 

Sec.  9.  Be  it  further  ordained,  That  all  drays,  carts,  waggons,  or  carriages 
of  any  description,  laden  or  unladen,  unemployed  or  when  making  temporary 
stoppages  in  the  streets,  shall  be  placed  by  the  driver  thereof  on  either  side  of  the 
street  lengthways  close  tc  the  curb-stones  or  curb-timbers,  or  in  such  a  position 
that  the  centre  of  the  street  may  be  kept  open  and  free  for  all  vehicles  going  to 
and  fro  ;  but  no  such  vehicle  shall  be  placed  in  any  street  or  near  the  intersection 
of  any  street  or  alley,  in  such  manner  as  to  cross  the  footway,  or  prevent  a 
free  passage  in  such  footway,  street  or  alley  ;  and  every  person  neglecting  to  place 
said  vehicle  as. herein  directed  shall  forfeit  and  pay,  for  the  use  of  said  city,  not 
less  than  one  dollar,  nor  more  than  three  dollars  for  every  such  offence. 

Sec.  10.  Be  it  further  ordained,  That  no  person  shall  leave  a  horse  or  hor¬ 
ses,  mule  or  mules,  either  attached  to  a  vehicle  or  not,  standing  in  the  streets  with¬ 
out  hitching  them  to  §pme  post  or  other  thing  used  for  this  purpose,  or  if  attached 
to  any  vehicle,  without  first  unhitching  the  traces  and  fastening  the  reins  securely 
either  to  a  post  or  to  the  waggon,  carriage  or  vehicle,  so  as  to  prevent  their  running 
awayand  hazarding  the  lives, and  limbs  or  property  of  the  citizens;  and  every  person 
so  offending  shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than  one  dollar, 
nor  more  than  five  dollars,  for  every  such  offence. 


19 


Sec.  11.  Be  it  further  ordained.  That  no  person  shall  walk  or  run  upon  the 
capping  of  the  fence  around  the  public  square,  or  in  any  wise  injure  or  deface  said 
fence,  or  any  tree  or  trees  standing  and  growing  upon  the  Public  Square  or  side¬ 
walk,  or  injure  or  deface  any  other  property  belonging  to  said  city  ;  and  every  per¬ 
son  so  offending  shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than  one  dol¬ 
lar,  nor  more  than  one  hundred  dollars,  for  every  such  offence. 

Sec.  12.  Be  it  further  ordained,  That  no  person  shall  hitch  or  fasten  any 
horse,  or  other  animal  to  any  shade  tree  growing  along  any  side  walks,  or  to  the 
boxing  placed  around  such  tree,  or  to.  the  fence  of  the  public  square;  and  every 
person  so  offending  shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than  one, 
dollar,  nor  more  than  five  dollars. 

This  Ordinance  to  be  in  force  ^from  and  after  publication, 

Apporoved  April  5,  1850. 

J.  A.  ARENZ,  Mayob, 

S,  Emmons,  Clerk: 


CITY  ORDINANCE— No.  3. 

IN  RELATION  TO  WARDS,  ELECTIONS,  CITY  OFFICERS 
REVENUE,  NUISANCES,  AND  STREETS  AND  ALLEYS.5 


ART.  1.— WARDS. 

Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Beardstown,  That 
the  City  of  Beardstown  be  divided  into  three  Wards,  as  follows — 

The  First  Ward  shall  consist  of  so  much  of  the  City  as  lies  North  and  East 
of  Jefferson  Street. 

The  Second  Ward  shall  consist  of  so  much  of  the  Cityas  lies  between  Jeffer¬ 
son  and  Lafayette  Streets. 

The  Third  Ward  shall  consist  of  so  much  of  the  City  as  lies  South  and  West 
of  Jefferson  Streets. 

ART.  2d.— ELECTIONS. 

Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  city  of  Beardstown,  That 
there  shall  be  appointed  by  said  City  Council,  before  every  election  of  said  City, 
three  Judges  of  Election  for  each  Ward, who  shall  be  legal  voters  therein,  to  preside 
at  such  election  in  their  respective  Wards  and  shall  be  authorized  to  appoint  two 
Clerks  of  Election,  who  shall  also  be  legal  voters  of  such  Ward;  and  the  Clerk  of 
the  City  Council  shall  give  notice  of  the  time  and  place  of  holding  such  election, 
which  notice  shall  be  published  in  the  city  newspaper  at  least  20  days  previous  to 
such  election,  or  shall  be  posted  up  by  the  city  Marshall  at  least  10  days  before  such 
election,  at  3  public  places  in  each  Ward. 

Sec.  2.  All  voting  at  the  Ward  Elections  shall  be  by  ballot. 

Sec.  3,  The  Judges  of  Election  shall  make  out  and  transmit  sealed  returns  of 
Election  in  each  Ward,  to  the  City  Clerk, by  12  o’clock,  M.  on  the  day  succeeding 
the  day  of  election. 

Sec.  4.  Should  any  of  the  Judges  of  Election  refuse  or  neglect  to  act  at  the  time 
of  opening  the  polls,  their  places  may  be  supplied  in  the  manner  provided  in  the 
general  election  law  of  the  State  of  Illinois,  in  such  a  contingency. 

Sec.  5.  All  City  elections  shall  be  conducted,  except  so  far  as  is  otherwise  pro¬ 
vided  by  ordinance,  according  to  the  provisions  of  the  general  election  law  of  the 
State  of  Illinois. 

Sec.  6.  The  Judges  and  Clerks  of  election  shall  be  entitled  to  the  compensation 
o.f  one  dollar  per  day.  • 

ART.  3d.— CITY  OFFICERS. 

Sec.  1.  There  shall  be  appointed  annually,  by  the  city  Council,  and  as  often  ac 
a  vacancy  may  occur,  the  following  city  officers,  to  wit; — A  Clerk,  a  Treasurer, 


a  Supervisor,  a  city  Weigher  and  a  Sexton, — and  each  of  said  officers  shall  he  re¬ 
movable  at  the  pleasure  of  the  city  Council. 

Sec.  2.  It  shall  be  the  duty  of  the  clerk  to  attend  all  meetings  of  the  city 
Council,  and  keep  a  fair  journal  of  their  proceedings,  and  of  all  ordinances  which 
they  may  make ;  he  shall  carefully  preserve  all  books,  records  and  papers  which 
may  come  to  his  possession,  belonging  to  the  city,  and  do  and  perform  all  other  du¬ 
ties  that  may  be  required  of  him. 

Sec.  3.  It  shall  be  the  duty  of  the  Treasurer  to  keep  a  full  record  of  all  the  fi¬ 
nancial  transactions  of  the  City  ;  to  receive  all  moneys  belonging  to  the  city,  and 
be  responsible  for  the  same;  to  keep  a  regular  and  fair  account  of  all  monies  re¬ 
ceived  and  disbursed  by  him,  shewing  the  date  of  the  receipt  and  disbursement  there¬ 
of,  of  whom  received,  to  whom  paid,  and  on  what  account.  To  keep  and  preserve 
all  books,  bonds,  and  vouchers,  papers  and  accounts  belonging  to  the  city  which  may 
come  to  his  possession,  subject  at  all  times  to  the  examination  of  any  member  of  the 
city  Council  or  other  person  interested.  He  shall  at  the  end  of  every  six  months, 
andoftener  if  required,  exhibit  to  the  city  Council  an  account  of  monies  received  and 
disbursed :  he  shall  pay  orders  according  to  their  priority  of  dates,  and  shall  not  pay 
out  any  money  except  upon  the  production  to  him  of  the  order  of  the  Mayor, 
attested  by  the  clerk  :  and  at  the  end  of  each  fiscal  year  he  shall  furnish  a  full  and 
complete  statement  of  all  monies  received  and  paid  out  during  the  year. 

Sec.  4.  The  City  Marshall  is  authorized  and  required  to  execute  all  writs  and 
process  which  may  be  issued  by  the  Mayor,  and  to  arrest  on  view  all  persons 
who  may  violate  the  ordinances  of  the  city,  and  to  collect  all  fines,  forfeitures  and 
penalties  which  may  be  assessed  or  recovered  for  the  use  of  the  City  and  shall  be 
allowed  such  fees  as  are  allowed  to  constables  in  similar  cases. 

Sec.  5.  It  shall  be  the  duty  of  the  City  W eigher  to  have  the  custody  of 
the  weighing  scales  and  apparatus  belonging  to  the  city,  and  keep  the  same  in  re¬ 
pair:  to  cause  all  ordinances, relative  thereto  and  the  inspection  and  weighing  of  hay 
and  coal  to  be  strictly  observed,  and  to  do  and  perform  such  other  duties  as  shall 
be  required  by  ordinance  ;  he  shall  at  all  times  give  a  written  or  printed  certifi¬ 
cate  of  the  thing  weighed, containing  the  description,  the  weight, date  and  the  name 
of  the  applicant  and  is  authorized,  to  demand  and  receive  from  the  applicant  fifteen 
cents  for  weighing  each  carriage  and  load,  or  for  weighing  the  carriage  alone. 

Sec.  6.  The  Supervisor  shall  superintend  the  opening  and  keeping  in  repair  the 
streets  and  alleys  within  the  limits  of  the  city;  he  shall  cause  to  be  removed  or 
abated  all  nuisances  which  may  at  any  time  be  found  within  the  limits  of  the  city,  and 
cause  all  obstructions  in  the  streets  and  alleys  to  he  removed, and  to  do  and  perform 
all  such  other  duties  as  may  he  required  of  him  by  ordinance. 

Sec.  7.  It  shall  he  the  duty  of  the  Sexton  to  dig  without  delay  all  graves  in 
the  burying  ground,  on  application;  to  attend  to  every  interment  and  to  fill  up  the 
graves  immediately  after  depositing  the  coffin  ;  to  keep  the  fences  and  grounds  in 
order  and  register  the  names  and  ages  of  all  persons  interred  therein  and  the  place 
of  their  interment,  and  make  a  return  thereof  to  the  city  Council  every  six  months 
or  oftener  if  required.  The  Sexton  shall  be  allowed  for  each  citizen  under  ten 
years  of  age,  one  dollar;  and  for  each  over  ten  years  of  age,  one  dollar  and  fifty 
cents,  to  be  paid  by  the  person  making  application,  and  when  the  ground  is  frozen 
a  reasonable  compensation  for  additional  labor;  and  for  each  person  who  is  not  a  cit¬ 
izen  the  additional  sum  of  three  dollars  for  the  use  of  the  city  to  he  paid  to  the  Sex¬ 
ton  before  the  digging  of  the  grave ;  and  every  person  other  than  the  Sexton, 
who  shall  dig  any  grave  in  the  burying  ground  or  take  up  any  body  without  per 
mission  of  the  Mayor,  or  destroy  or  injure  any  tree  or  shrubbery  therein,  shall  for 
each  offence  forfeit  and  pay  the  sum  of  ten  dollars. 

Sec.  8.  The  city  Marshall  and  Treasurer  shall  each,  before  entering  upon  the 
duties  of  his  office,  give  bond  in  such  penalty  and  with  such  security,  as  the  city 
Council  shall  direct — conditioned  for  tne  faithful  performance  of  the  duties  of  hfs 
office;  and  shall  renew  the  same  whenever  required^by  the  city  Council,  and  take  and 
subscribe  before  the  Mayor  on  oath,  for  the  faithful  performance  of  the  duties  of  his 
office,  which  bonds  and  oaths  shall  be  filed  with  the  Clerk. 

ART.  4.— REVENUE. 

Sec.  1.  All  property  real  and  personal  shall  be  subject  to  taxation  according 
to  the  value  thereof  as  ascertained  by  the  assessment  for  State  and  County  purpo- 


ses — and  the  city  Council  shall  annually  ,  previous  to  the  1st  Monday*  of  September, 
in  each  year,  determine  the  rate  of  taxation. 

Sec.  2.  That  inode  of  assessment  and  collection  shall  be  adopted  which  is  pro¬ 
vided  in  the  ninth  Section  of  the  Act  of  the  Legislature,  entitled  <kAn  act  to  incor¬ 
porate  towns  fc  cities,”  approved  Feb.  10,  1849; — and  the  rate  of  taxation  authoi- 
ized  by  the  city  Council  shall  be  certified  by  the  Mayor  and  Clerk  and  liled  in  the 
office  of  the  Clerk  of  the  Cass  County  Court,  on  or  before  the  1st  Monday  of  Septem¬ 
ber  in  each  year. 

Sec.  3.  All  monies  received  by  any  officer  of  the  city,  except  for  fees,  shall  be 
by  him  paid  over  to  the  Treasurer,  and  he  shall  take  duplicate  r  eceipts  therefor, 
and  deliver  one  of  said  receipts  to  tire  Clerk,  who  shall  keep  the  same,  and  a  brief 
record  thereof  in  a  suitable  book  to  be  kept  for  that  purpose. 

Sec.  4.  No  order  on  the  Treasury  shall  he  attested  by  the  Clerk,  unless  the 
same  shall  be  in  accordance  with  the  records  of  the  city  Council,  as  entered  in  the 
journal  of  their  proceedings;  and  the  Clerk  shall  enter  in  said  journal  the  time  of  at¬ 
testing  said  orders  respectively,  and  number  the  same  in  the  order  issued  and  de¬ 
liver  the  Treasurer  a  statement  thereof  monthly,  and  on  the  receipt  of  any  order 
they  are  to  be  cancelled,  but  be  kept  by  the  Treasurer  until  destroyed  in  the  pres¬ 
ence  of  the  city  Council. 

Sec.  5.  The  city  officers,  whose  compensation  is  not  herein  provided  for,  shall 
receive  as  compensation  such  sum  as  may  be  determined  by  the  city  Council. 

ART.  5.— STREETS  &  ALLEYS,  &c. 

Sec.  1.  For  the  purpose  of  keeping  the  streets  and  alleys  in  repairs,  every 
male  inhabitant  of  said  city,  between  the  ages  of  twenty-one  and  fifty  years,  shall 
be  required  to  labor,  three  days,  on  the  Streets  and  alleys  in  the  Ward"  in  which 
he  shall  reside  on  the  1st  Monday  of  May,  in  each  year,  under  the  direction  of  the 
Supervisor,  or  pay  the  sum  of  Seventy-five  cents  per  day  in  lieu  of  such  labor. 

Sec.  2.  No  Supervisor  shall  hire  persons  to  work,  or  contract  lor  any  work  to 
be  performed,  to  be  paid  out  of  the  Treasury,  except  by  order  of  the  city  Council. 

Sec.  3.  The  Supervisor  shall  on  the  1st  Monday  of  May  annually,  or  as  scon 
thereafter  as  may  he,  proceed  to  the  opening  and  repairing  such  of  the  streets  and 
alleys  as  may  require  the  same,  and  shall  notify  so  many  persons  as  he  may  deem  ne¬ 
cessary  to  perform  the  labor  required,  to  attend  at  such  time  and  place  and  with  suck 
implements  as  he  may  designate,  which  notice  shall  be  three  days  pi  evious  to  the  day 
on  which  the  laborers  are  required  to  meet. 

The  Supervisor  shall  provide  a  book  in  which  he  shall  set  down  the  pier- 
sons  so  notified,  and  the  date  of  the  notification,  and  if  any  person  notified,  shah 
prefer  paying  the  money  at  the  rate  of  seventy-five  cents  per  day,  Die  Supervisor  shah 
note  such  fact  in  his  hook.  The  Supervisor  shall  from  time  to  time,  deliver 
the  Treasurer  lists  of  the  names  of  those  who  prefer  paying  money,  and  of  those  whs* 
on  being  notified  neglect  or  refuse  to  work  to  the  city  Council. 

Sec.  4.  The  Treasurer  shall  deliver  from  time  to  time  to  the  Marshall  a  list 
of  the  persons  electing  to  pay  money,  and  neglecting  or  refusing  to  work,  with  the 
amount  of  tax  at  the  rate  of  Seventy-five  cents  per  day,  and  the  city  Marshall  shall 
proceed  to  collect  the  same  and  pay  it  over  to  the  Treasurer.  If  there  shall  he  a 
failure  or  neglect  to  pay,  such  person  failing  or  neglecting  shall  be  liable  to  an  action 
for  the  same,  and  the  city  Marshall  shall  proceed  to  collect  the  same  by  suit,  as  iu 
other  cases  of  forfeitures  or  fines. 

Sec.  5  The  Supervisor  shall  require  every  person  performing  street  labor  to  work 
with  reasonable  dilligence  ten  hours  on  -each  day,  or  make  up  the  deficiency  of  time 
some  other  day  named  by  the  Supervisor ;  and  if  any  person  shall  refuse  to  make 
up  such  deficiency  of  time,  he  shall  forfeit  and  pay  the  sum  of  Twenty-five  cents  for 
every  hour  of  time  of  such  deficiency  ;  and  if  any  person  being  at  work  on  the 
streets  or  alleys  shall  refuse  to  execute  work  in  the  manner  directed  by  the  Supervisor, 
such  person  shall  forfeit  and  pay  the  sum  of  one  dollar  and  fifty  cents. 

Sec.  0.  The  Supervisor  shall  from  time  to  time  cause  all  basins  and  holes  io, 
which  water  accumulates,  liable  to  become  stagnant,  to  be  filled  up  and  channels  so 
made  as  to  drain' the  water  from  such  places,  and  from  private  property  at  the  ex¬ 
pense  of  the  owner.  He  shall  also  cause  to  be  removed  oil  such  things 'found  with- 


22 


in  the  limits  of  the  city,  which  according  to  the  ordinances  of  the  city  are  required 
to  be  removed;  and  prosecute  all  persons  who  at  anytime  violate  the  laws  of  the 
citv  in  relation  to  streets  and  alleys,  nuisances,  and  the  public  square. 

Sec.  7.  The  ordinances  relating  to  the  repairing  and  cleaning  the  streets  and  al¬ 
leys  and  to  their  being  obstructed  by  any  person  and  in  any  manner,  are  extended 
and  made  applicable  to  the  public  square — and  the  like  penalties  shall  be  imposed  on 

fiersons  for  throwing  or  depositing  any  thing  on  the  square,  which  is  prohibited 
rom  being  thrown  in  the  streets. 

Sec.  8.  The  owners,  their  tenants  or  agents  shall  be  permitted  to  make  side¬ 
walks  in  front  of  their  lots,  according  to  the  grade  to  be  established,  which  side¬ 
walks  shall  be  10  feet  'vide  on  Main  Street,  from  block  Oge  downwards,  and  from 
block  16  upwards  8  feet  wide,  and  also  on  all  other  streets  8  feet  wide,  and  the  ow¬ 
ner  or  tenant  shall  be  permitted,  if  it  is  required  for  the  purpose  of  carrying  on 
his  trade  or  profession,  to  use  on  a  10  feet  side-walk3  feet  and  on  a  8  feet  side¬ 
walk  2  feet  thereof  for  his  benefit, — provided,  such  number  of  feet  so  exceptedfshall 
be  used  either  close  to  the  house  or  lot,  or  on  the  street  side  of  such  side-walk, 
one-half  of  the  reasonable  and  fair  costs  of  constructing  side-walks  as  aforesaid, 
either  of  good  brick  or  plank,  not  less  than  one  inch  &  a  half  tHick, 'meeting  the  ap¬ 
probation  of  the  city  Council,  may  be  paid  out  of  the  city  Treasury  on  applica¬ 
tion. 

Sec.  9.  Any  person  who  shall  deposite  in  any  of  the  streets  or  alleys  of  the 
city  any  manure,  or  filth  of  any  kind,  taken  from  stables,  barns  or  other  places, 
or  permit  the  same  to  remain  therein,  shall  forfeit  ancf  pay  not  less  than  one  dollar, 
nor  more  than  five  dollars  for  each  and  every  offence. 

Sec.  10.  Any  owner  or  occupier  of  a  cellar,  the  door  of  which  shall  open  upon 
any  street  or  alley,  wrho  shall  permit  the  door  to  remain  open  in  the  night  time  in 
whole  or  part,  shall  forfeit  and  pay  the  sum  of  not  less  than  three  nor  more  than 
ten  dollars. 

Sec.  11.  Any  person  who  shall  remove  or  in  any  manner  injure  any  post  or  mark 
intended  to  designate  the  boundaries  of  the  city,  or  of  any  street,  alley  or  lot,  or 
shall  destroy  or  injure  any  fruit,  shade  or  ornamental  tree  within  the  limits  of  the 
city  shall  forfeit  and  pay  for  each  offence,  the  sum  of  five  dollars. 

Sec.  12.  Any  person  or  persons  who  shall  deposite  or  cause  to  be  deposited 
in  any  of  the  streets  or  alleys  or  side-walks  within  the  limits  of  the  city  any  tim¬ 
bers,  wood,  rails,  posts,  lumber  or  materials  of  any  description  whatever  and  suffer 
She  same  or  any  .part  thereof  to  remain  for  a  longer  period  than  three  days  after  he 
or  they  have  been  warned  to  remove  it  by  the  Supervisor,  shall  forfeit  and  pay  the 
sum  of  one  dollar,  and  shall  forfeit  and  pay  the  like  sum  of  one  dollar  for  ev¬ 
ery  twenty-four  hours  the  same  shall  continue  therein  after  the  expiration  of  the 
said  term  of  three  days.  Provided,  that  persons  engaged  in  building  ormaking  pave¬ 
ments,  may,  upon  permission  of  the  Mayor  or  Supervisor,  deposit  the  materials  of 
such  building  or  pavement  in  any  street  or  alley,  for  a  reasonable  time,  but  no  per¬ 
mission  shall  authorize  any  person  to  fill  up  any  channel  or  gutter  made  for  the 
passage  of  water,  or  to  occupy  more  than  half  the  street. 

Sec.  13.  Any  person  who  shall  obstruct  the  side-walks  in  said  city,  or  any  part 
©f  them,  except  as  provided  in  the  12th  Section,  or  obstruct  any  water-gutters,  snail 
for  each  offence,  forfeit  and  pay  a  penalty  of  not  less  than  one  dollar  nor  more  than 
ten  dollars. 

Sec.  14.  Any  person  who  shall  intentionally  or  negligently  ride,  drive  or  lead 
any  horse  or  mule,  cow,  ass,  or  cattle,  or  run  any  wheeled  carriage,  on  or  oyer 
any  side-walk  in  the  city,  or  over  or  upon  any  unfinished  pavement  or  side-walk, 
■while  the  work  is  in  progress,  shall  forfeit  and  pay  the  smm  of  twro  dollars  for  each 
offence. 

Sec.  15.  Any  person  who  shall  dig  or  remove  earth  from  any  of  the  streets  or 
alleys  or  side-walks  in  the  city,  or  shall  throw  or  deposite  any  dirt,  chips  or  other 
thing  thereon,  so  as  to  make  them  uneven,  without  permission  from  the  Mayor  or 
Supervisor,  shall  forfeit  and  pay  the  sum  of  three  dollars  for  each  offence. 

This  Ordinance  to  be  ih  force  from  and  after  publication. 

Approved,  April  25, 1850. 

J.  A.  ARENZ,  Mayor, 

£.  Emmons.  Clerk. 


CITY  ORDINANCE— NO.  I\C 

An  Ordinance  providing  for  the  recovery  and  appropriation 
of  Fines  and  Forfeitures  and  enforcement  of  Penalties. 


Sec.  1. 
Sec.  2. 


3. 

4. 


5. 

6. 


7. 

8. 
9. 

10. 


11. 


Fines,  Sec.  how  recovered — written  charge  or  statement  to  be  filed— form 
thereof — exception. 

What  such  charge  or  statement  may  include — to  be  the  basis  of  the  suit; 
summons  to  issue  and  form  thereof — when  to  be  returned. 

Summons  how  served. 

“  (<  “  when  defendant  absconds  or  conceals  himself,  or  a 

non-resident. 

When  antd  how  a  capias  may  be  issued — form  thereof — bail  may  be  takers 
and  how — further  proceedings. 

Officer  charged  with  process,  unless  otherwise  directed  by  ordinance,  to 
proceed  in  same  manner  as  constables — mayor,  in  issuing  process,  unless 
otherwise  directed,  to  proceed  as  other  Justices  of  the  Peace. 

Execution  returned  “no  property  found,”  a  ca.  sa.  to  issue,  and  how. 
City  officers  may  be  witnesses  in  prosecutions. 

Parents,  guardians,  &c.  liable  for  fines,  &c. 

Fines,  &c.  to  be  collected  and  paid  to  the  Treasurer — -to  constitute  part 
of  general  fund  of  the  city. 

Fines,  &,c.  in  what  manner  to  be  discharged. 


SECTION  1. — Be  it  Ordained  by  the  City  Council  of  the  City  or 
Beardstown,  That  in  all  actions  of  debt  to  be  commenced  within  said  City,  by 
or  before  the  Mayor  in  his  capacity  of  Justice  of  the  Peace  of  said  City,  against 
any  person  for  the  recovery  of  any  fine  or  fines,  forfeiture  or  forfeitures,  penalty  or 
penalties,  for  the  breach  of  any  ordinance  of  said  City,  the  person  who  shall  insti¬ 
tute  or  commence  such  action,  or  who  shall  cause  the  same  to  be  instituted  or  com-, 
menced,  or  the  officer  before  whom  such  action  is  about  to  be  commenced, 
shall  file  or  cause  to  be  filed  with  such  officer  before  whom  such  action  is 
about  to  be  commenced,  a  written  charge  or  statement  against  the  defendant  in  the 
action,  which  charge  or  statement  shall  be,  as  nearly  as  circumstances  will  admit,  in 
the  following  form  to  wit : 


“  A.  E.  to  the  City  of  Beardstown,  Dr. 

To  dollars,  for  breach  of  an  Ordinance,”  (here  insert  the  title  there¬ 
of,)  passed  the  day  of  A.  D.  185  ,  in  this  to  wit  : 

(here  describe  the  particular  breach  in  the  language  of  the  ordinance,)  between  the 
day  of  A.  D.  185  ,  and  the  day  of  A.  D.  185  ,”  which  said 

form  may  and  shall  be  so  varied,  as  to  apply  to  the  nature  of  the  offence  or 
breach,  or  time,  place,  number  of  persons  joined  in  the  action,  See.  as  oc¬ 
casion  and  right  and  justice  of  the  case  may  require,  without  regard  to  particu¬ 
lar  form  or  words.:  Provided,  that  no  objection  to  form  or  words  shall  be 
allowed,  if  such  written  charge  or  statement  shall  substantially  set  out  the  nature  of 
the  offence  charged,  so  as  to  give  notice  to  the  defendant  of  the  nature  of  the  charge 
which  he  is  called  on  to  answer. 

Section.  2. — Be  it  further  ordained,  That  such  written  charge  or  statement, 
when  filed  with  or  by  the  officer, by  or  before  whom  such  action  is  about  to  be  com¬ 
menced,  may  include  cme  or  more  persons,  and  several  offences  of  a  like  nature,  and 
constitute  the  basis  or  groundwork  of  the  action  ;  and  the  officer  by  or  wfith  whom 
said  written  charge  or  statement  is  filed,  shall  forthwith  commence  an  action  of 
debt,  on  said  charge  or  statement,  against  the  person  therein  named  and  charged.  In 
the  name  of  the  City  of  Beardstown,  by  issuing  a  summons,  (or  capias,  as  the  cane 
may  be,)  directed  to  the  Marshal  of  the  City  of  Beardstowm,  or  any  Constable  of 
the  county  of  Cass ;  which  summons  shall  be  in  the  following  form,  as  nearly  x* 
circumstances  will  admit,  to  wit: 


24 


STATE  OF  ILLINOIS,)  The  People  of  the  State  of  Illinois, 

Cass  County,  $  To  the  Marshal  of  the  City  of  Beardstown,  or  any 
Constable  of  Cass  county, — Greeting  : 

You  are  hereby  commanded  to  summon  A.  B.  to  appear  before  me,  the  under¬ 
signed,  Mayor  and  Justice  of  the  Peace  of  said  city,  at  my  office  on  the  day 

of  A.  D.  185  ,  at  o’clock,  M.  to  answer  the  complaint  ofthe 

City  of  Beardstown,  in  a  plea  of  debt  for  a  failure  to  pay  said  city,  a  fine, 
forfeiture,  or  penalty  of  dollars,  for  a  breach  of  an  Ordinance  of  said  City, 
entitled  (here  insert  the  title)  passed  the  day  of  A.  D.  185 

in  this,  to  wit :  (here  describe  the  particular  breach  in  the  language 

of  the  Ordinance,  as  set  forth  in  the  written  charge  or  statement,)  and  thereof  make 
due  return  as  the  law  directs.  Given  under  my  hand  and  seal  of  said  City  of  Beards¬ 
town,  this  day  of  A.  D.  185 

[Seal.]  C.  D.  Mayor  and 

Justice  of  the  Peace  of  said  City. 

Which  summons  may  be  returnable  on  any  day,  (Sundays  excepted)  within  fifteen 
days  and  not  within  five  days  from  its  date  ;  but  no  trial  shall  be  had  thereon,  unless 
it  shall  have  been  served  three  days  at  least  before  the  day  set  for  trial. 

Sect.  3. — Be  it  further  ordained,  That  every  summons  for  breach  of  any  ordi¬ 
nance,  issued  by  the  Mayor,  shall  be  served  by  reading  the  same  in  the  hearing  of 
the  defendant  or  defendants,  if  he  or  they  will  remain  to  hear  it  read  ;  but  if  he  or 
they  refuse  to  hear  such  summons  read,  or  absent  him  or  themselves  alter  said  sum¬ 
mons  has  been  produced  to  be  read,  and  the  contents  or  objects  thereof  mentioned  to 
him  or  them,  such  other  on  the  part  of  the  officer  in  such  cases,  shall  be  deemed  and 
taken  to  be  sufficient  services  of  such  summons,  which  facts  shall  be  specially  stated 
by  the  officer  in  his  return  on  said  summons. 

Sect.  4. — Be  it  further  ordained,  That  when  any  defendant  shall  absent  or 
conceal  himself,  or  shall  be  absent,  or  a  non-resident  in  said  city,  the  summons 
aforesaid  against  such  person  may  he  served  by  leaving  a  copy  thereof  at  his  residence 
or  usual  place  of  abode,  with  any  white  person  of  the  family  in  which  he  resides, 
over  the  age  of  fifteen  years,  at  least  three  days  before  the  day  set  for  trial  in  such 
summons  ;  hut  if  such  person  have  no  house,  family,  or  known  place  of  abode  in 
said  city,  whereat  service  of  a  copy  can  be  made  as  aforesaid,  it  shall  be  lawful  for 
the  officer  charged  with  the  summons,  to  stick  up  a  copy  of  such  summons  on  the 
front  of  the  Court  House  in  said  city,  which  shall  be  deemed  and  taken  to  be  suffi¬ 
cient  service  of  any  summons  within  the  meaning  of  this  Ordinance. 

Sect.  5. — Be  it  further  ordained,  That  if  any  credible  person,  as  agent  of  said 
city,  shall  make  oath  that  there  is  danger  that  the  debt  or  claim  of  said  city  will  be 
lost,  unless  the  said  defendant  he  held  to  bail,  and  shall  also  state,  under  oath,  the 
cause  of  such  danger,  ,so  as  to  satisfy  the  Mayor  that  there  is  reason  to  apprehend 
such  loss,  and  shall  file  the  written  charge  or  statement  required  by  the  first  section 
of  this  ordinance,  it  shall  be  the  duty  ofthe  Mayor  to  issue  a  capias  to  apprehend 
such  offender,  which  shall  be,  as  nearly  as  circumstances  will  admit,  in  the  follow¬ 
ing  form  to  wit : 

STATE  OF  ILLINOIS,  )  ^  The  People  of  the  State  of  Illinois, 

Cass  County,  $  s^‘  To  the  Marshal  of  the  City  of  Beardstown,  or  any 
Constable  of  Cass  county, — Greeting: 

You  are  hereby  commanded  to  take  the  body  of  A.  B.  and  bring  him  forthwith 
before  me,  the  undersigned,  Mayor  and  Justice  of  the  Peace  of  said  City,  unless 
special  bail  be  entered ;  and  if  such  bail  be  entered,  you  will  then  command  him  to 
appear  before  me,  at  my  office  on  the  day  of  A.  D.  186  ,  at 

o’clock,  M.  to  answer  the  complaint  of  the  city  of  Beardstown,  in  a  plea  of  debt, 
for  a  failure  to  pay  to  said  city,  a  tine,  forfeiture  or  penalty  of  dollars,  for  a 
breach  of  an  ordinance  of  said  City,  entitled  (here  insert  the  title  thereof)  passed 
the  day  of  A.  D.  185  ,  in  this,  to  wit :  (here  describe  the  particu¬ 

lar  breach  in  the  language  of  the  ordinance,  and  as  set  forth  in  the  written  charge  or 
statement,)  and  make  due  return  thereof  as  the  law  directs.  Given  under  my  hand 
and  seal  of  the  said  city  of  Beardstown,  this  day  of  A.  D.  185 

C.  D.  Mayor  and 

[Seal]  Justice  of  the  Peace  of  said  city. 


55 


And  in  all  cases  the  defendant  shall  have  the  right  to  release  his  body  arrested 
by  virtue  of  such  process  by  giving  special  bail  to  the  officer  executing  the  same, 
which  shall  be  endorsed  on  the  back  of  the  capias,  in  the  following  form,  as  nearly 
as  the  case  will  admit,  to  wit  :  “I,  E.  F.  acknowledge  myself  special  bail  for  the 

within  named  A.  B.  Witness,  my  hand  this  day  of  A.  D.  185  , 

which  endorsement  shall  be  signed  by  one  or  more  sureties  to  be  approved  by  the 
officer  executing  the  writ,  and  the  same  liabilities  shall  attach  to,  and  the  same  pro¬ 
ceedings  be  had  against  such  bail  as  in  similar  cases  before  Justices  of  the  Peace 
Under  the  laws  of  this  State. 

Sect.  6. — Be  it  further  ordained,  That  the  officer  who  shall  execute  any  writ 
or  other  process  issued  by  the  Mayor,  shall,  unless  otherwise  directed  by  this  or 
some  other  ordinance  of  said  City,  proceed  in  the  execution  of  his  duty  in  the 
same  manner  as  Constables  are  required  to  proceed  under  the  laws  of  this  State, and 
the  Mayor  in  issuing  process  and  on  the  return  thereof,  shall,  unless  otherwise  di¬ 
rected  by  this  or  some  other  ordinance  of  said  City,  be  governed  by  the  laws  of 
this  State  appertaining  to  like  proceedings  before  other  Justices  of  the  Peace. 

Sect.  7. — Be  it  further  ordained,  That  whenever  any  execution,  in  which  said 
City  is  plaintiff,  shall  be  returned  by  the  officer  charged  with  the  service  of  the 
same  “No  property  found,”  the  Mayor  shall,  upon  oath  being  made,  as  in  similar 
cases  before  other  Justices  of  the  Peace,  by  any  other  officer  of  said  City  than  the 
officer  charged  as  aforesaid,  or  by  any  citizen,  issue  a  ca.  sa.  or  garnishee  process 
under  the  provision  of  the  laws  of  this  State,  and  every  such  officer,  for  such  pur¬ 
pose  as  wrell  as  in  cases  of  capiases,  shall  be  deemed  and  taken  to  be  the  agent  of 
said  City. 

Sect.  8. — Be  it  further  ordained,  That  in  all  prosecutions  in  behalf  of  the 
said  City,  any  officer  thereof  is  hereby  made  a  competent  witness,  notwithstanding 
such  officer  may  be  entitled  to  a  portion  of  the  fine,  forfeiture  or  penalty  sued  for, 
or  to  a  fee  from  the  same. 


Sect.  9. — Be  it  further  ordained,  That  parents,  guardians,  masters  and  mis¬ 
tresses  respectively,  shall  be  bound  for  the  payment  of  any  fine,  forfeiture  or  pen¬ 
alty-  assessed  against  any  minor  under  their  respective  care  or  charge,  under  the 
provisions  of  any  ordinance  of  said  City,  and  execution  shall  issue  thereon  as  in  oth¬ 
er  cases. 

Sect  10. — Be  it  further  ordained,  That  all  fines,  forfeitures  and  penalties  for 
breaches  of  any  ordinance  of  said  city  shall,  as  soon  as  collected  or  immediately 
after  the  next  stated  meeting  of  the  City  Council,  be  paid  to  the  Treasurer,  and  the 
officer  paying  over  the  same  shall  take  the  Treasurer’s  receipt  therefor;  and  all  such 
sums  shall  be  considered  as  a  part  of  the  general  funds  of  the  City,  unless  other¬ 
wise  ordered  by  resolution,  or  ordinance  of  the  City  Council. 

Sect.  11.— Be  it  further  ordained,  That  all  fines,  forfeitures  and  penalties  for 
breaches  of  any  ordinance  of  said  city  may  be  discharged  either  in  money  or  labor 
on  the  public  Streets,  at  the  rate  of  one  dollar  per  day  ;  and  in  case  neither  pay¬ 
ment  nor  labor  can  be  obtained,  as  aforesaid,  then  such  defendant  shall  go  to  jail 
at  the  rate  of  two  dollars  for  every  24  hours,  until  such  fine,  forfeiture  or  penalty 
and  costs  be  discharged. 

Approved  June  4,  1850. 

J,  A.  ARENZ,  Mayor, 

•S.  Emmons,  Clerk. 


City  ®rdi^ancc-3(0.  V- 
AN  ORDINANCE  RELATING  TO  LICENCE. 

Sxct.  1. — Be  it  ordained  by  the  City  Council  of  the  City  of  Beardstown, 
That  no  person  shall  setup  any  public  show,  exhibition  or  entertainment  withinthe 
limits  of  said  city  without  a  license  therefor  from  the  City  Council,  and 
everv  person  so  offending  shall  forfeit  and  pav,  for  the  use  of  said  eitv,  a  sura  not 

4 


26 


exceeding  one  hundred  dollar^. 

Sect.  2. — Be  it  further  ordained,  That  no  person  shall  keep  any  grocery,  er 
hawk  or  peddle  any  goods,  or  sell  any  goods  at  auction,  within  the  limits  of  said 
city,  without  a  license  therefor  from  the  city  Council  ;  and  every  person  so  offend¬ 
ing  shall  forfeit  and  pay,  for  the  use  of  said  city,  a  sum  not  exceeding  one  hundred 
dollars. 

Sect.  3. — Be  it  further  ordained,  That  the  city  Council,  at  any  meeting  thereof, 
may  grant  a  lieense,  to  be  signed  by  the  Mayor  and  Clerk,  for  any  of  the  foregoing 
purposes,  on  application  therefor,  which  application  shall  specify  the  business  of 
which  a  license  is  desired, andjthe  place  where  said  business  is  to  be  carried  on;  and 
the  applicant  shall  pay  for  such  license  such  a  sum  as  the  city  Council  may  deter¬ 
mine. 


Sect.  4. — Be  it  further  ordainad,  That  the  Mayor  of  said  city,  when  said 
Council  is  not  in  session,  is  hereby  authorized,  on  payment  to  him  of  not  less  than 
five  dollars  for  the  use  of  said  city,  to  grant  a  license  to  any  person,  for  any  of 
said  purposes  excepting  grocery  licences,  until  the  next  meeting  of  said  cityCouncil; 
and  said  sum  shall  be  taken  and  considered  as  part  payment  of  the  sum  to  be  de¬ 
termined  upon  by  the  city  Council  on  granting  license. 

Approved  June  4th,  1850. 

J.  A.  ARENZ,  MAYOR. 

S.  Emmons,  Clerk. 


CITY  ORDINANCE— NO.  VI. 


IN  RELATIONTO  THE  MARKING  OF  HOGS  AND  PIGS. 


Sect.  1. — Be  it  ordained  by  the  City  Council  of  the  City  of  Beards- 
town,  That  every  hog  or  pig,  running  at  large  in  any  street,  alley  or  uninclosed 
place  of  said  city,  shall  be  marked  by  the  owner  thereof,  in  such  manner,  as  to  be 
plainly  visible;  and  every  person  failing  or  neglecting  to  mark  his  hogs  or  pigs,  shall 
forfeit  and  pay  for  the  use  of  said  city,  for  every  hog  or  pig,  the  sum  of  one  dol¬ 
lar  for  every  24  hours  such  hog  or  pig  shall  run  at  large  without  being  marked. 

Sect.  2. — Be  it  further  ordained,  That  every  owner  of  hogs  or  pigs,  is  here¬ 
by  required  to  adopt  some  suitable  and  permanent  mark,  for  the  purpose  aforesaid, 
and  have  such  mark  recorded  by  the  Clerk  of  the  city  Council,  paying  him  Twen¬ 
ty-five  cents  for  such  record. 

Sect.  3. — Be  it  further  ordained,  That  the  city  Marshal  is  hereby  required  to 
take  up  and  confine  in  a  secure  pen,  or  other  place  provided  by  him  for  that  pur¬ 
pose,  every  hog  or  pig  found  running  at  large  without  being  marked,  and  the  own¬ 
er  thereof  being  unknown  to  him,  and  retain  the  same  at  least  24  hours,  and  if  not 
redeemed  within  that  time,  the  city  Marshal  within  the  next  24  hours  shall  after  one 
day’s  notice,  by  posting  up  two  notices  of  the  time  and  place  of  sale,  sell  the  same 
at  public  auction  to  the  highest  and  best  bidder,  for  cash,  between  the  hours  of  10 
and  11  o’clock,  in  the  forenoon;  and  the  said  Marshal  may  employ  at  his  expense, 
all  necessary  aid,  and  any  person  who  shall  prevent  or  attempt  to  prevent  said  Mar¬ 
shal,  or  those  employed  by  him,  from  performing  any  of  the  duties  required  by  this, 
or  any  other  ordinance,  shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than 
$5  nor  more  than  $25  for  such  offence. 

Sect.  4. — Be  it  further  ordained,  That  if  the  owner  of  any  such  hog  or  pig 
shall,  within  24  hours  after  the  same  is  taken  up,  and  before  selling,  pay  to  the  city 
Marshal  the  penalty  herein  provided,  and  the  fee  for  taking  and  keeping  the  same, 
such  hog  or  pig  shall  be  restored  to  the  owner,  and  if  not  redeemed,  sold  as  pro¬ 
vided  in  the  foregoing  section. 

Sect.  5. — Be  it  further  ordained,  That  the  money  received  on  the  sale  of  any 
such  hog  or  pig,  after  deducting  the  penalty  and  50  cents  for  taking  up  and  keeping, 
and  25  cents  for  selling,  shall  be  paid  to  the  owner  thereof  on  application  to  the 
city  Marshal  within  three  months  after  such  sale  ;  but  if  no  application  is  made,  the 
balance  over  and  above  the  Marshal’s  compensation,  shall  be  paid  into  the  Treasury 
for  the  use  of  the  city. 

Sect.  6. — Be  it  further  ordained,  That  the  city  Marshal  in  addition  to  the  fore¬ 
going  fees,  is  hereby  authorized  to  retain,  as  fees,  one  half  of  all  money  by  him  re- 


27 


eeived  as  penalties  under  this  ordinance,  and  required  to  pay  the  balance  into  the 
Treasury. 

Sect.  7. — Be  it  further  ordained,  That  if  no  person  shall  appear  and  bid  at 
any  sale  provided  for  in  this  ordinance,  it  shall  be  lawful  for  the  city  Marshal  to 
appropriate  any  such  hog  or  pig,  to  his  own  use ;  and  such  appropriation  shall  be 
deemed  and  taken  to  be  a  full  discharge  of  all  fees  and  charges  accruing  to  him. 

This  ordinance  to  be  in  force  thirty  days  after  publication. 

Approved  June  4th,  1850. 

J.  A.  ARENZ,  MAYOR. 

S.  Emmons,  Clerk. 


CITY  ORDINANCE* — NO.  VII* 

An  ordinance  supplementary  to  ordinance  No.  2,  to  regulate  the 
Police  of  the  City  of  Beardstown,  &c.,  approved  April  5,  1850, 

Sect.  1.  To  prohibit  disorderly  houses — penalty. 

“  2.  Disturbing  the  peace,  &c., — punishment. 

<■»  3.  Assault,  &c. — penalty. 

Sect.l.  Be  it  ordained  by  theCouncil  of  the  City  of  Beardstown,  That  no  person 
shall  keep  or  maintain  a  house  or  any  apartment  thereof,  for  prostitution  within 
the  limits  of  the  city  ;  and  any  person  or  persons  so  offending,  shall  forfeit  and  pay 
a  sum  not  exceeding  one  hundred  dollars,  nor  less  than  five  dollars,  and  in  default 
of  payment  of  said  fine  and  costs,  such  person  or  persons  shall  be  committed  to  jail 
for  a  term  not  exceeding  thirty  days. 

Sec.  2.  Be  it  further  ordained, That  no  person  shall  disturb  the  peace  of  the  city, by 
crying  fire  without  cause ;  nor  by  threatening  or  challenging  to  fight,  quarrelling  or 
threatening  to  injure  the  person  or  property  of  another}  nor  shall  cast  missiles  at 
the  person  or  property  of  another  injuring  or  tending  to  injure  the  same,  nor  by 
casting  missiles  upon  the  streets,  and  every  person  so  offending  shall  forfeit  and  pay 
to  the  city  a  fine  not  exceeding  one  hundred  dollars  nor  less  than  one  dollar. 

3.  Be  it  further  ordained,  That  any  person  who  shall  be  guilty  of  an  assault,  as¬ 
sault  and  battery,  or  an  affray,  shall  forfeit  and  pay  a  sum  not  exceeding  one  hun¬ 
dred  dollars  nor  less  than  three  dollars. 

This  ordinance  to  be  in  force  after  publication. 

Approved  July  2,  1850,  J.  A.  ARENZ,  MAYOR. 

S.  Emmons,  Clerk. 


CITY  ORDINANCE— NO.  VIII. 

An  ordinance  supplementary  to  ordinance  No.  5,  relating  to  license 
approved  June  1,  1850. 

Sect.  1.  Be  it  ordained  by  the  City  Council  of  the  city  of  Beardstown,  That 
any  person  who  shall  not  have  first  taken  out  a  city  license,  who  shall  barter,  sell 
or  exchange  in  said  city  any  brandy,  wine,  rum,  whiskey,  gin,  or  any  vinous,  spirit¬ 
uous  or  malt  liquors  to  any  person  or  persons  by  a  less  quantity  than  one  quart 
shall  for  every  offence  forfeit  and  pay  the  city,  the  sum  of  ten  dollars. 

Sec.  2.  Any  person  or  persons  who  having  taken  out  a  license  to  keep  a  gro¬ 
cery,  shall  permit  gambling  therein,  or  in  any  house  or  room  belonging  thereto,  or 
shall  keep  a  disorderly  house,  shall  forfeit  and  pay  the  sum  of  ten  dollars  for  the  first 
offence,  for  the  second  twenty  dollars,  and  upon  judgment,  for  the  third  offence  thir¬ 
ty  dollars,  and  shall  forfeit  his  or  their  license. 

Sec,  3.  Any  person  or  persons  who  having  taken  out  a  license  to  keep  a  gro¬ 
cery  shall  sell  liquor  upon  the  Sabbath  day  and  permit  it  to  be  drunk  in  his  or  their 


28 


grocery  shall  forfeit  and  pay  the  sum  of  ten  dollars  and  shall  also  forfeit  his  or  their 
license  upon  the  third  otfencc 

Sec.  4.  Any  person  or  persons  who  having  a  license  to  keep  a  grocery  shall 
permit  obscene  or  profane  conversation,  quarreling  or  fighting  in  his  or  their  gro¬ 
cery,  so  as  to  annoy  persons  on  the  streets  or  sidewalks  or  so  as  to  disturb  the 
peace  or  quiet  of  the  neighborhood,  shall  forfeit  and  pay  the  sum  of  five  dollars  for 
every  offence  ;  and  every  person  engaged  in  making  such  noise  or  disturbance, 
shall  forfeit  and  pay  a  sum  not  exceeding  fifty  dollars  nor  less  than  three  dollars. 

This  ordinance  to  be  in  force  after  publication. 

Approved,  July  2,  1850.  J.  A.  ARENZ,  Mayor. 

S.  Emmons,  Clerk. 


CITY  ORDINANCE— NO.  IX. 

Miscellaneous  Provisions- 


Sect.  ].  Be  it  ordained  by  the  City  Council  of  the  city  of  Beardstown,  That 
the  Marshall  shall  arrest  any  person  whom  he  may  find  drunk  in  the  streets  of  the 
city  in  any  way  disturbiug  the  peace  or  quiet  of  the  same  upon  view,  and  shall 
commit  him  to  jail  until  sober, at  which  time, or  as  soon  as  may  be,  he  shall  be  taken 
before  the  Mayor  and  forfeit  and  pay  a  sum  not  exceeding  fifty  dollars  nor  less 
than  one  dollar,  with  the  addition  of  the  jailor’s  fees. 

Sec.  2.  Be  it  further  ordained,  That  in  all  cases  where  a  person  is  arrested  upon 
view  of  the  offence  and  brought  before  the  Mayor,  no  warrant  nor  actiou  of  debt, 
shall  be  necessary,  but  the  offender  may  be  brought  to  trial  forthwith,  unlesss  a 
continuance  for  cause  is  granted,  in  which  event  the  accused  shall  give  bail  for  his 
appearance,  or  be  committed — Provided,  that  in  such  cases  of  trial  without  war¬ 
rant  or  action  of  debt,  there  shall  be  made  before  trial,  if  demanded  by  the  accused, 
a  specification  in  writing  of  the  offence  charged. 

Sec.  3.  Be  it  further  ordained,  That  in  all  cases  of  assault — assault  and  battery, 
and  affrays,  in  which  the  offender  shall  not  be  arrested  on  view  of  the  Marshal — 
the  mode  of  proceeding  shall  be  by  complaint  on  oath  and  warrant, as  in  cases  before 
justices,  under  the  criminal  code  ofthe'State  of  Illinois. 

4.  Be  if  further  ordained.  That  in  all  cases  of  violation  af  the  ordinances  not 
provided  for  by  Section  2  and  3  of  this  ordinance,  the  penalty,  fine,  or  forfeiture, 
shall  be  enforced  and  collected  by  action  of  debt,  in  manner  and  form  as  provided 
in  ordinarce  No.  4. 

Sec.  5.  Be  it  further  ordained,  That  whenever  in  any  ordinance  any  subject 
matter,  party  or  person,  is  described  or  referred  to  in  the  singular  numbers  and  any 
two  or  more  such  subject  matters,  parties  or  persons  are  equally  within  the  reason 
or  object  of  the  ordinance,  the  language  shall  be  so  construed  as  to  embrace  them; 
and,  if,  in  like  manner,  words  are  used  imparting  the  plural  numbers,  they  shall  be 
held  applicable,  under  like  circumstances  to  any  single  matter,  party  or  person  re¬ 
ferred  to  ;  and  if  the  terms  of  the  ordinance  refer  to  males  only,  they  shall  be  un¬ 
derstood  in  similar  cases,  to  include  females  also;  Provided,  That  these  rules  of 
construction  shall  not  prevail,  if  there  be  any  special  provision  in  such  ordinance, 
or  any  thing  in  the  context  or  the  subject  matter  theieof,  plainly  repugnant  to 
such  an  interpretation. 

Sec.  6.  Be  it  further  ordained,  That  a  trial  by  jury,  if  demanded  by  the  accused 
shall  in  ail  cases  be  allowed,  in  which  event  the  amount  of  the  penalty,  fine  or  for¬ 
feiture,  under  the  ordinance  violated,  shall  be  fixed  by  the  jury.  In  all  cases  where 
a  juryis  waived,  or  the  accused  shall  confess  the  truth  of  the  violation  ot  the  ordi¬ 
nance  charged,  the  amount  of  the  penalty,  fine  or  forfeiture,  shall  be  determined  by 
the  Mayor, 

This  ordinance  to  be  in  force  after  publication. 

Approved  July,  2, 1850.  J.  A.  ARENZ,  Mayor, 

S,  Emmons,  Clerk, 


*9 


CITY  ORDINANCE— [A.] 

An  Ordinance  to  prevent  the  spread  of  Contagious  Disea¬ 
ses. 

Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Beardstown,  That 
the  house  situated  below  Beardstown  and  known  as  the  “Lippincot  house/’  ahall 
be  a  Hospital  for  the  reception  of  all  persons,  not  permanent  residents  of  the  city  of 
Beardstown,  who  shall  have  the  Cholera,  Small  Pox,  Ship  Fever,  or  other  contagi¬ 
ous  disease. 

Sec.  2.  Be  it  further  ordained,  That  it  shall  be  the  duty  of  the  city  authorities, 
if  circumstances  require  it,  to  appoint  some  Superintendant  of  the  Hospital,  with 
suitable  medical  and  other  attendants,  and  pay  the  expenses  attending  the  same  from 
the  City  Treasury, 

Sec,  3.  Be  it  further  ordained,  That  it  shall  be  the  duty  of  every  captain  or  per¬ 
son  having  charge  of  a  Steamboat,  Canal  boat,  or  other  water  craft,  desirous  of 
landing  any  person,  attacked  with  the  Cholera,  Small  Pox  or  other  contagious  dis* 
ease,  before  landing  such  person,  to  notify  the  City  Marshall,  and  shall  take  such 
sick  person  to  the  Hospital,  under  the  direction  of  the  Marshall. 

Sec.  4.  It  shall  be  the  duty  of  every  captain  or  person  having  charge  of  a  Steam 
boat, Canal  boat  or  other  water  craft,  desirous  of  landing  any  emigrant,  to  notify  the 
City  Marshall  and,  unless  his  written  permission  shall  be  given,  shall  take  such  emi¬ 
grant  to  the  Hospital  under  the  direction  of  the  Marshall.  Provided,  no  person 
shall  be  landed  under  this  or  the  2d.  Section,  against  his  own  consent. 

Sec.  5.  Be  it  further  ordained,  That  it  shall  be  the  duty  of  the  City  Marshal, 
upon  receiving  notice,  from  any  quarter,  that  any  sick  person  or  emigrant  is  about 
to  be  landed  in  the  city  of  Beardstown,  forthwith  to  examine  in  person  into  the  case, 
and  if  such  sick  person  exhibits  symptoms  of  Cholera,  ship  fever,  Small  Pox  or 
other  contagious  disease,  or  if  such  emigrant  shall  have  been  exposed  to  the  contagi¬ 
ous  influence  of  any  of  the  diseases  above  enumerated, it  shall  be  the  duty  of  the  City 
Marshall  to  require  such  sick  person  or  emigrant  to  be  taken  to  the  Hospital. 

Sec.  6.  Be  it  further  ordained,  That  no  person  taken  to  the  Hospital,  under  the 
provisions  of  this  ordinance,  shall  leave  the  sar/.e  without  the  written  permission 
of  the  medical  attendant  of  the  Hospital;  and  the  Marshall  and  Superintendant,  are 
hereby  author  ized  to  enforce  this  Section  and  to  use  such  means  to  prevent  escape, 
or  compel  a  return,  as  may  be  necessary  and  proper.  Any  person  violating  tni» 
Section  shall  forfeit  and  pay  the  sum  of  twenty-five  dollars. 

Sec.  7.  Be  it  further  ordained,  That  any  captain,  or  person  having  charge  of  a 
Steamboat,  canal  boat,  or  other  water  craft,  who  shall  violate  this  ordinance,  shall 
forfeit  and  pay  the  sum  of  fifty  dollars. 

Sec.  8.  Be  it  further  ordained,  That  the  provisions  of  this  ordinance  shall  be  ap¬ 
plicable  to  all  persons,  bringing  any  sick  person  or  emigrant  to  the  City  of  Beards- 
town  by  any  mode  of  conveyance  by  land. 

Sec.  9.  Be  it  further  ordained,  That  this  ordinance  shall  be  in  force  from  and 
after  its  publication;  and  it  is  hereby  made  the  duty  of  the  Marshall  to  furnish  as 
soon  as  practicable,  to  every  Steam  and  canal  boat,  landing  at  Beardstown,  a  printed 
copy  thereof. 

Approved  July  19th,  1860. 

J.  A.  ARE NZ,  MAYOR. 

S.  Emp/tons,  Clerk. 


30  . 


CITY  ORDINANCE— NO.  X, 

AN  ORDINANCE  FOR  THE  REMOVAL  OF  NUISANCES, 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of  Beards¬ 
town,  That  whenever  any  lot  within  the  city  limits  shall  ^become 
a  nuisance,  it  shall,  under  the  provisions  of  the  3d  Section  of  the  Act  entitled  “An 
act  to  incorporate  Towns  and  Cities,”  approved  Feb.  10,  1849,  be  so  declared  by 
the  city  council,  and  the  reason  or  reasons  assigned  wherefore  it  is  so  declared  a 
nuisance. 

Sec.  2,  When  a  lot  shall  be  declared  a  nuisance  as  aforesaid,  the  Marshal  shall 
give  notice  thereof,  by  the  service  of  a  copy  of  the  order  of  the  city  council  on  the 
owner  or  his  agent,  il  such  is  known  to  the  Marshal,  and  is  a  resident  of  the  city, 
and  it  shall  be  the  duty  of  such  owner  or  agent,  to  remove  the  nuisance  by  filling 
up,  or  altering  said  lot,  so  as  to  remove  the  causes  whereby  said  lot  has  been  decla¬ 
red  a  nuisance,  as  soon  as  practicable. 

Sec.  3.  It  the  owner  or  agent,  shall  not  after  fair  and  diligent  inquiry  be  known 
to  the  city  Marshal,  or  is  a  non-resident  of  the  city,  he  shall  cause  the  order  of  the 
city  council  declaring  the  nuisance,  to  be  published  for  one  week,  in  the  newspaper 
selected  bj  the  city  council,  and  such  publication  shall  be  deemed  sufficient  notice 
to  tke  owner  or  owners  of  said  lot,  of  the  order  aforesaid. 

Sec.  4.  It  upon  notice  or  publication  as  aforesaid,  the  owners  or  agent  shall 
neglect  or  refuse,  tor  the  period  of  five  days,  to  remove  said  nuisance,  according  to 
the  requisitions  of  the  orders  of  the  city  council,  the  city  marshal  shall  cause  the 
removal  of  said  nuisance  at  the  expense  of  the  city,  and  report  his  actings  and 
doings  in  the  premises  to  the  city  council,  who  shall  thereupon  levy  on  such  lot,  a  tax 
ot  sufficient  amount,  to  pay  the  expense  of  the  labor  of  removing  said  nuisance,  and 
all  the  costs  and  expenses  therewith  connected,  and  direct  the  city  clerk  to  certify, 
with  the  next  annual  rate  of  taxation,  to  the  clerk  of  the  Cass  county  court  the  said 
special  tax,  under  the  provisions  of  the  9th  Section  of  the  Act  referred  to  in  the 
1st  section  of  this  ordinance  ;  which  special  tax  shall  be  collected  and  paid  over,  in 
the  same  manner  as  other  taxes,  to  the  city  Treasurer. 

This  ordinance  to  be  in  force  and  take  effect,  from  and  after  its  publication. 

Approved  Sept,  4,  1850. 

J,  A.  ARENZ,  MAYOR. 

S.  Emmons,  Clerk. 


ORDINANCE  NO  XI. 

AN  ORDINANCE  SUPPLEMENTARY  TO  ORDINANCE  NO.  II.  TO  PRE¬ 
VENT  AND  REMOVE  NUISANCES. 


Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Beardstown,  That 
no  person  shall  hereafter  put  or  cause  to  be  put,  in  any  lot,  yard,  cellar,  out-house, 
street  or  alley  in  the  City  of  Beardstown,  any  decayed  or  decaying  animal  or  vege¬ 
table  matter,  or  other  filth,  the  presence  of  which,  may  in  any  degree,  be  detrimen¬ 
tal  to  the  health  of  the  immediate  premises  or  neighborhood,  and  the  so  doing  is  here¬ 
by  declared  to  be  a  nuisance. 

Sec.  2.  No  person  having  heretofore  placed  in  any  lot,  yard,  or  cellar,  out¬ 
house,  street  or  alley, in  the  City  of  Beardstown,  any  decayed  or  decaying  animal 
or  vegetable  matter  or  filth,  the  presence  of  which  may  in  any  degree  be  detrimen¬ 
tal  to  the  health  of  the  immediate  premises  or  neighborhood,  shall  permit  the 
same  to  remain  for  a  longer  period  than  twenty-four  hours  after  notice  to  remove 
the  same  shall  have  been  given  by  the  City  Marshal,  said  notice  to  be  either  writ¬ 
ten  or  verbal,  and  the  neglect  or  refusal  to  remove  the  same  upon  notice  as  afore¬ 
said,  is  hereby  declared  to  be  a  nuisance.  Provided,  that  if  the  person  notified  as  afore¬ 
said,  shall  within  twenty-four  hours  after  such  notice,  by  the  use  of  lime  or  other 
disinfecting  agent,  render  the  place  complained  of  no  longer  detrimental  to  health- 
it  shall  be  deemed  a  removal  of  the  nuisance. 

Sec.  3.  Any  person  who  shall  violate  the  provisions  of  section  two,  either 


* 


31 


by  the  creation  of  a  nuisance,  or  the  neglect  or  refusal  to  remove  one,  after  notice, 
shall  be  fined  in  a  sum  not  exceeding  Fifty  Dollars,  to  be  recovered  by  action  of 
debt,  before  the  Mayor,  and  paid  into  the  City  Treasury. 

Sec.  4.  And  be  it  further  ordained,  That  if  any  person,  being  the  owner  of  any 
animal  lying  or  being  dead  on  his  own  premises  or  elsewhere,  within  the  corporate 
limits  of  the  City  of  Beardstown,  shall  neglect  to  remove  such  dead  animal  beyond 
said  limits,  within  two  hours  after  the  existence  of  such  fact  shall  be  in  any  manner 
brought  to  his  knowledge,  such  person  so  offending,  shall  forfeit  and  pay  a  penalty 
of  not  less  than  One  nor  more  than  Five  Dollars  for  each  offence. 

Sec.  5.  If  the  owner  of  any  dead  animal,  lying  within  the  corporate  limits,  shall 
neglect  to  comply  with  the  requisitions  of  the  next  foregoing  section  of  this  ordi¬ 
nance,  or  if  no  owner  can  be  found,  it  shall  be  the  duty  of  the  City  Marshal,  to 
cause  such  dead  animal  to  be  removed  beyond  the  corporate  limits,  and  for  such  ser¬ 
vices  he  shall  receive  from  time  to  time  such  sums  from  the  City  Treasury,  as  the 
City  Council  may  allow. 

Sec.  6.  And  it  is  hereby  made  the  special  duty  of  of  the  Marshal  to  enforce 
this  ordinance,  and  in  every  case  of  its  violation  to  prosecute  the  offender. 

This  ordinance  to  be  in  force  from  and  after]  publication. 

Approved  Sept.  4,  1850. 

J.  A.  ARENZ,  MAYOR. 

S.  Emmons,  Clerk. 


ORDINANCE  NO.  XII. 


An  Ordinance  supplementary  to  Ordinance  No.  2 — c‘To 
regulate  the  Police  of  the  i  'ity  of  Beardstown,  &c. 


SEC.  1.  Be  it  ordained  by  the  City  Council  of  the  "City  of  Beardstown,  That 
any  person  who  shall,  by  threats,  profane  swearing,  vulgar  language,  by  shouting, 
firing  guns,  pistols,  fire-crackers,  or  by  any  disorderly  conduct,  wilfully  interrupt 
or  disturb  any  congregation  or  collection  of  citizens  assembled  together  at  any  show 
lecture,  concert,  or  other  public  entertainment,  licensed  or  permitted  by  law,  or 
assembled  for  any  purpose  not  inconsistent  with  the  ordinances  of  the  city,  or  the 
laws  of  the  land,  shall  be  fined  in  a  sum  not  less  than  one  dollar,  nor  more  than 
fifty  dollars. 

Sec.  2.  Be  it  further  ordained,  That  it  shall  be  the  duty  of  the  City  Marshal, 
either  in  person,  or  by  some  constable  or  constables  to  be  by  him  selected,  to  at¬ 
tend  at  any  public  show,  lecture,  concert,  or  other  public  entertainment  licensed  or 
permitted  by  the  city  authorities,  on  the  application  of  those  interested  in  getting  up 
the  public  assemblage,  for  the  purpose  of  preserving  order,  and  the  enforcement 
of  the  provisions  of  this  ordinance. 

Sec.  3.  The  City  Marshal  and  those  employed  by  him  as  aforesaid,  are  hereby 
directed  and  authorized,  to  arrest  on  view,  any  person  violating  any  of  the  provis¬ 
ions  of  this  ordinance.  If  the  arrest  be  made  at  night,  or  if  for  any  other  reason, 
the  trial  cannot  be  had  forthwith,  it  shall  be  the  duty  of  the  officers  making  the  ar¬ 
rest  to  keep  the  offenders  in  custody  by  confinement  in  the  county  jail,  or  otherwise 
until  such  time  as  a  trial  can  be  had  before  the  Mayor,  Provided,  That  if  any 
boy  under  the  age  of  twrelve  years, shall  be  arrested  at  night,  he  maybe  surrender¬ 
ed  to  the  parent  or  guardian  of  such  boy,  upon  the  execution  of  a  bond  for  the  ap¬ 
pearance  of  the  offenders  for  trial  at  the  Mayor’s  office,  at  such  time  as  the  said  offi¬ 
cer  may  appoint. 

Sec.  4.  The  Marshal  shall  be  authorized  to  demand  and  receive  from  the  person 
or  persons  employing  him,  a  sum  not  exceeding  one  dollar  and  a  half  fo  r  each 
show',  entertainment,  or  meeting  at  which  he  may  attend  as  aforesaid,  for  the  preser¬ 
vation  of  order,  and  each  constable  the  sum  of  one  dollar.  The  fees  for  other  ser¬ 
vices  rendered  shall  be  the  same  as  are  allowed  for  similar  services  under  other  or¬ 
dinances.  Approved,  Dec  *18,  1850. 

J.  A.  ARENZ,  MAYOR. 


S.  Emmons,  Clerk. 

£3“This  ordinance  to  be  in  force  from  and  after  its  publication. 


32 


ORDINANCE— NO  XIV. 

Io  jffix  ihe  time  of  holding  Elections. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Beardstown,  that  on  the 
third  Monday  of  February  next,  and  annually  thereafter,  an  election  shall  be  held 
for  one  Mayor,  one  City  Marshal — and  one  Alderman  in  each  Ward,  which  elec¬ 
tion,  shall  be  conducted  in  the  manner  prescribed  in  Ordinance  No. '3. 

This  ordinance  to  be  in  force  from  and  after  its  publication. 

Approved, Jan. 7,  1851.  J,  A.  ARENZ,  Mayor. 

£.  Emmons.  Clerk. 


g-LLa 


City  officers  for  the  year,  ending  February,  1851* 


JOHN  A:  ARENZ,  Mayor, 

E.  S.  Houghton?  Marshal. 
ALDERMEN  FOR  THE  FIRST  WARD. 


THOMAS  EYRE, 
JESSE  RIGGINS. 


JOHN  MC’DONALD,  \ 
JOSEPH  STEHLE1N,* 


Second  Ward. 


GEORGE  GENTHER, 
JACOB  RITCHIE. 


Third  Ward. 


£  T.  A.  HOFFMAN,  Treasurer. 

H.  E.  DUMMER,  City  Attorney. 


WM.  S.  CLEMMONS,  Skxton. 

EMMONS,  Clerk. 


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